Duties Advice: Avoiding Expensive Surprises
When people think of duty (or “stamp duty”), they often only think of property purchases. But in Queensland, duty can apply to a wide range of transactions, from business sales and trust changes to partnership restructures and asset transfers.
Getting duty wrong can mean expensive, unexpected tax bills, penalties, or delays in registering your transaction. Whether you’re a business owner, property developer, accountant, or individual restructuring your affairs, expert duty advice is essential.
At Enterprise Legal, our team of experienced property and commercial lawyers helps clients across Queensland navigate the complex world of duties. We provide clear, written duty advice, tailored to your unique circumstances, and offer fixed or capped fees wherever possible.
Types of Duties We Advise On
We regularly advise on:
Transfer Duty (Stamp Duty)
- applies to transfers of real property, businesses, and certain assets
- calculating dutiable value
- eligibility for concessions or exemptions
- impact on contracts and settlement timelines
Duty on Business Sales
- duty on transfers of business goodwill, licenses, and business assets
- when business asset sales attract duty and when they don’t
- structuring business sales to manage duty liability
Duty on Trust Interests
- trust acquisitions and dispositions
- declarations of trust
- changes of trustee and their duty consequences
- constructive trusts imposed by courts
Partnership Interests
- transferring partnership interests or dissolving partnerships
- duty treatment of partnership restructures
Landholder Duty
- applies when buying shares or units in entities that hold land in Queensland
- thresholds for significant interests
- calculating landholder duty exposure
Family Transfers and Exemptions
- eligibility for concessional duty rates
- family farm exemptions
- related party transfers
- preparing documentation to support exemptions
Restructures and Asset Protection
- planning transactions to avoid unnecessary duty costs
- assessing duty implications of:
- changing business structures
- transferring assets into trusts or companies
- merging entities
Why Duty Advice Matters
Queensland’s duty laws are extensive and often misunderstood. Even experienced business owners and professionals can be caught out by:
- hidden duty liabilities in business sales or asset transfers
- costly duty assessments on trust restructures
- surprise landholder duty triggered by share or unit acquisitions
- missing exemptions or concessions that could save thousands
Duty consequences often arise after a deal is signed, causing delays, extra costs, or legal disputes.
At Enterprise Legal, we get involved early to ensure:
- your transaction is structured in the most duty-efficient way possible
- you know your duty exposure upfront
- all necessary documentation is prepared correctly
your dealings with the Queensland Revenue Office run smoothly
Our Duties Legal Services
Enterprise Legal provides fixed or capped fee services wherever possible for:
- preparing clear, written duty advice tailored to your circumstances
- advising on eligibility for duty exemptions or concessions
- calculating potential duty costs for proposed transactions
- preparing documents and declarations to support duty assessments
- liaising with the Queensland Revenue Office (QRO) for private rulings or exemption confirmations
- collaborating with your accountant or financial advisor to ensure transactions are both legally compliant and tax-effective
- assisting with restructures and asset protection planning from a duty perspective
Whether your transaction is straightforward or highly complex, we deliver practical, commercial advice designed to protect your financial interests.
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Why Choose Enterprise Legal for Duty Advice?
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Duty Advice FAQs
Need clear advice about Queensland duty? Book a consultation with our experienced duty lawyers today and avoid costly surprises.
When is Stamp Duty Payable in Queensland?
• property purchases
• business asset transfers in some cases
• trust interests
• certain partnership changes
• other transactions involving dutiable property
We’ll help you determine if duty applies to your transaction.
Does Stamp Duty Apply to Business Sales?
• business goodwill
• licences
• certain business assets
However, purely transferring shares in a company may not attract duty. We’ll advise on how to structure your sale.
What is Landholder Duty?
• a significant interest in a private company or trust
• that holds land worth $2 million or more in Queensland
It can apply even if no direct property transfer occurs. We’ll help you calculate potential exposure.
Can I Get a Duty Exemption for Family Transfers?
• transfers between spouses
• family farm transactions
• certain trust restructures
We’ll confirm your eligibility and prepare the necessary documentation.
Do Trusts Have Duty Consequences?
• changing trustees
• declarations of trust
• transferring trust assets
• constructive trust rulings
Trust transactions often trigger duty unless specific exemptions apply. We’ll help you navigate these complex rules.