WA Small Business CGT Rollovers
Without Duty

Achieving both CGT and duty
relief in the same transaction

The most favourable restructure outcome in WA is where both the federal CGT rollover and the WA duty exemption apply to the same transaction — meaning the restructure is completed without triggering either CGT or stamp duty.

MGS Private designs the transaction steps to satisfy the conditions for both reliefs simultaneously. Where GST going concern relief also applies, the transaction can be completed with zero tax cost across all three federal and state taxes — CGT, GST and stamp duty.

• The federal CGT rollover and WA duty exemption have different eligibility conditions — both must be separately confirmed before the transaction proceeds
• The small business restructure rollover (Subdivision 328-G) may qualify for the WA small business duty exemption where WA conditions are also met
• The share exchange rollover (Subdivision 124-M) may qualify for WA corporate reconstruction duty relief where the entities are related bodies corporate
• The transaction must be structured to satisfy both sets of conditions simultaneously — this requires careful sequencing and documentation
• Both applications — CGT rollover election and WA duty exemption — must be lodged correctly within any applicable time limits
• GST going concern analysis conducted to potentially eliminate GST as a third transaction cost