Superannuation concession

The superannuation concession applies to duty on transfers of dutiable property.

Eligibility for the concession

You can claim this concession on transfer duty if you:

  • transfer dutiable property between superannuation funds to merge or split the funds
  • create a trust of dutiable property because of the variation or reconstitution of a superannuation fund. (Read more about transfer duty on trusts.)

The superannuation fund must become a complying superannuation fund within 1 year.

A complying superannuation fund is:

You pay duty of $20 if the concession is granted.

How to claim

To claim the concession, lodge the following:

  • a dutiable transaction statement (Form D2.2)
  • an identity details annexure for each non-Australian transferor and transferee, when transferring real property (e.g. homes, apartments, business premises and vacant land)
  • an explanation of the background to the dutiable transaction and the entitlements, if any, to be cancelled or created
  • copies of the governing rules of the superannuation funds and any proposed changes to the rules
  • a statement of the dutiable property that is the subject of the transaction
  • a copy of each instrument relating to the transaction
  • a statutory declaration from a trustee of each superannuation fund involved stating that, in the trustee’s opinion, the fund will be a complying superannuation fund within 1 year after the transaction.

If the superannuation fund hasn’t become a complying superannuation fund within 1 year, you must lodge the following within 28 days of the first anniversary of the transaction:

We will reassess transfer duty on the transaction as if the concession had never applied and send you a reassessment notice.