Transfer of land and business and/or goods
Channel: Complex DOL
Section: s10(1)(a)&(d) of the Duties Act 2000
Lodgement category: Sale of business and/or goods
Circumstances/Transactions
Where an arrangement involving a dutiable transaction over an interest in land includes the transfer of goods used in connection with a business carried on or in connection with the land, the goods sold under the arrangement also form dutiable property.
The following goods will not form dutiable property:
- Goods that are stock-in-trade.
- Materials held for use in manufacture.
- Goods under manufacture.
- Goods held or used in connection with primary production.
- Livestock.
For transfers of land upon which a business is conducted, the unencumbered value of that land may be difficult to determine and a valuation in accordance with Revenue Ruling DA-029 will be required.
Related guidance
Evidence
- Digital Duties Form.
- A copy of the contract of sale, including all special conditions.
- A copy of a sale of business agreement (if any), including a breakdown of the values attributed to the plant and equipment and the goodwill.
- The asset register showing the written-down book values of the plant and equipment sold under the arrangement.
- A formal valuation from a certified practicing valuer of the unencumbered value of the land. See Revenue Ruling DA-029.
When to lodge
Lodge 30 days before settlement through Duties Online.
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