MGS Private · WA Property Restructure Services

WA Small Business CGT Rollovers
Without Duty

Where a CGT rollover and a WA duty exemption can both be applied to the same transaction, the restructure can be completed without triggering either a capital gain or stamp duty — providing a fully tax-neutral transition.

Combined CGT & Duty Relief

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

MGS Private’s Approach

Structuring for both CGT and duty relief

Transaction Design

MGS Private designs the transaction steps to satisfy the conditions for both CGT rollover relief and WA duty exemption — advising on the sequencing of steps, the entities involved, and the form of documentation required for each application.

Pre-Application to WA OSR

The WA duty exemption requires a pre-approved transaction arrangement — MGS Private prepares and lodges the application to the WA Office of State Revenue before the transfer occurs, in sufficient time to receive approval before the intended transfer date.

CGT Rollover Election

The federal CGT rollover must be elected in the taxpayer’s income tax return for the relevant year — or by specific written notice for certain rollovers. MGS Private advises on the form and timing of the election and ensures it is correctly lodged.

GST Going Concern Analysis

Where the transferred assets include business assets potentially characterised as a going concern, MGS Private confirms whether the GST going concern exemption applies — potentially eliminating GST as a third cost of the transaction and making the restructure completely tax-neutral.

WA restructure with CGT and duty both at stake?

Get both reliefs confirmed before the transaction proceeds. Brief MGS Private through your accountant.

(02) 9231 5111 contact@macquariegs.com.au

WA Small Business CGT RolloversWithout Duty

Achieving both CGT and dutyrelief in the same transaction

MGS Private’s Approach

WA restructure with CGT and duty both at stake?

WA Small Business CGT Rollovers
Without Duty

Achieving both CGT and duty
relief in the same transaction