Business licences: duty requirements

What you need to provide if your transaction involves a business licence.

If your transaction involves a business licence, provide:

  1. the transaction record (such as an agreement to transfer).  If there is no transaction record, a completed transfer duty statement
  2. the application to the authority that transfers or issues the business licence
  3. if the licence is held in connection with a lease or agreement to lease – a copy of the lease
  4. if the licence is to be held for security purposes or for a limited time – full details of the licence and circumstances
  5. details of any liabilities taken over under the transaction
  6. details of any debts released or extinguished under the transaction
  7. if the Commonwealth issued the licence – the portion of the consideration for the transaction that relates to carrying out activities in Western Australia
  8. if the licence is held under the Fish Resources Management Act 1994 and the transaction does not result in the passing of a beneficial interest in the licence:
    • the agreement for the transfer of the units or a completed transfer duty statement and
    • a completed Department of Fisheries T -1 or T-2 application form (whichever is applicable)
  9. any other information that may assist us to assess duty.

In addition, if the parties to the transaction are:

  • related by blood, marriage, co-ownership or prior business relationship
  • related corporations as defined in the Corporations Act 2001
  • partners in a partnership
  • participants in the same joint venture
  • trustees of trusts which have common beneficiaries
  • joint owners of property
  • not at arms’ length by any other circumstances

provide:

  1. complete financial statements for the owner of the business licence for the three years prior to the date of the transaction, including bar trading accounts for a licence under the Liquor Licensing Act 1988
  2. a valuation of the licence.  If the Commonwealth issued the licence, provide a valuation that relates to carrying out activities in Western Australia.

An assessment of duty will not be issued until all required information is provided.

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