Family business concession (Form D2.5)

Part 10 of the Duties Act 2001 (Qld) gives a concession for property used in a family business. For a primary production business (agriculture, pasturage or dairy farming), the dutiable value of the business property, and of adjacent residential land, is taken to be nil (s 105); in most cases the property must come from a 'defined relative'. For a prescribed business, the concession applies only to the extent the transaction is a gift from an ancestor (a parent or grandparent of you or your spouse), and duty applies only to gifted value above $500,000, counted with earlier gifts of business property since 12 December 1984 (ss 105A, 106). Section 107 requires the application to be in the approved form and lodged with the instrument or transfer duty statement. Form D2.5 (version 12, March 2026) is that form.

When you need it

• You are acquiring land, plant, livestock, water allocations or other property used to carry on a family primary production business from a defined relative (for example a parent, sibling, aunt, uncle, first cousin or their spouse).
• You are receiving, as a gift from a parent or grandparent, property used in a prescribed business such as a restaurant, newsagency, service station, retail or manufacturing business.
• The acquisition is a partnership acquisition, trust acquisition or trust creation involving a family partnership, family trust or family unit trust that holds the business property.

1. 1

   Part A - acquirer claiming the concession

   Give the acquirer's details, any trustee and trust type, the non-Australian entity and AFAD questions (with foreign trust details if relevant), the interest acquired as a fraction, and their relationship to the transferor or person directing the transfer.

2. 2

   Parts B and C - other acquirers and transferors

   List every other acquirer (including agents acting for a principal) and every transferor, with trustee, non-Australian entity and contact details.

3. 3

   Part D - dutiable transaction and property

   Tick the transaction type, give estimated goodwill and intellectual property values, describe the property (for trusts and partnerships, all the dutiable property held), and state the value of any AFAD residential land.

4. 4

   Parts E, F and G - business and value

   Select primary production or prescribed business. For a prescribed business, tick the business type and say whether the acquirer has received earlier gifts of business property from the transferor since 12 December 1984 and their value. Then give the consideration (enter $0 for natural love and affection) and the unencumbered value of the property acquired.

5. 5

   Part H - declaration

   Each acquirer claiming the concession signs, declaring among other things that the transferor carries on the business and the acquirer intends to carry it on and is not acting as an agent or nominee. A witness who is not an acquirer, an acquirer's spouse or related to the acquirer signs and gives their address.

• The guide says to lodge the application with the Commissioner within 30 days after the transaction, with the other documents required.
• A legal adviser who is a registered self assessor may assess it. Otherwise send the form and documents to GPO Box 2593, Brisbane Qld 4001; you will be notified when they are received.
• QRO also asks for the original contracts, agreements or deeds of gift, an identity details annexure for each non-Australian party to a real property transfer, a valuation (prescribed business transfers only) and a covering letter. If there is no written agreement, lodge a Transfer duty statement (Form D2.3).
• Keep records supporting the duty and the concession for 5 years.

• The concession generally does not apply if you acquire as trustee or as an agent or nominee for someone else.
• For a prescribed business only the gifted part (unencumbered value above the consideration) attracts the concession; any consideration paid is dutiable.
• Check the business is on the prescribed list in the form; it must solely involve one of those activities.