Under sections 99 – 106 of the Duties Act 2008 (Duties Act), the transfer of farming property is
exempt from transfer duty if the property is transferred between family members and the land is
used solely or dominantly in primary production (and will continue to be).
Significant complications can arise where transfers involve trusts, partnership or companies.
A subsequent transaction cannot generally be performed on the same property with a claim for the exemption within 5 years.
Any farming families, particularly where members are getting older, should get legal advice.
