Stamp duty (transfer duty) on business asset sales in Australia varies by state and territory. New South Wales abolished stamp duty on most business asset transfers (other than real property) from 1 July 2016, with only nominal duty remaining. Victoria’s Duties Act 2000 exempts business asset transfers other than real property.
Queensland and Western Australia continue to apply stamp duty to business asset transfers including goodwill and intellectual property, with rates that can reach the high single digits depending on value and asset type. Real property in any Australian jurisdiction continues to attract stamp duty regardless of the structure of the wider transaction.
The state-by-state variation makes the location of business assets a meaningful factor in deal structuring, and proper apportionment between dutiable and non-dutiable assets in the sale agreement is essential.