Selling a business in Tasmania yourself: what's different in Tasmania.
You can sell your own business in Tasmania without a broker. What's different is the lease. The landlord has set steps and time limits to decide on the transfer, but unlike most states, Tasmania doesn't automatically release you from the lease when it's assigned, so negotiate a release. There's no duty on goodwill, but duty can apply when the lease goes with the business. And a food business registration can't be transferred.
This guide covers only what's different in Tasmania. For the full process, from pricing and paperwork to finding buyers and settlement, see How to sell your business yourself.
Transferring your retail lease
Retail leases in Tasmania are covered by the Code of Practice for Retail Tenancies, which Consumer, Building and Occupational Services administers. A new Retail Leases Act was passed in 2022, but as at September 2026 it hasn't started. Under the Code:
- Ask the landlord in writing. They can't unreasonably refuse.
- Within 14 days, the landlord tells you in writing what information they need. They can ask about the buyer's finances (including any finance approval), their business skills, the finances of any guarantors, how they'll use the premises, and for two references.
- Within 21 days of receiving all of it, the landlord must approve or reject the transfer in writing. If they don't object in that time, they're taken to have approved it.
- They can refuse if the buyer plans to change the use of the premises, lacks the finances or business skills to run it, or won't sign an agreement with the landlord on the lease terms.
- The landlord's costs. They can recover their reasonable costs of checking the buyer and processing the transfer from you. You can ask them in writing to justify those costs.
Tasmania doesn't require a disclosure statement when a lease is transferred. The buyer will still ask for the lease and any variations, so have them ready.
You're not automatically released from the lease
This is the biggest difference in Tasmania. In most states, the law releases the outgoing tenant once the lease is transferred. Tasmania's Code doesn't do that. Unless the landlord agrees to release you, you and your guarantors can remain liable under the lease if the buyer defaults. The Code only releases you if the lease terms, other than the rent, are changed after the transfer without your agreement.
- Ask for a release in the deed of assignment, for you and your guarantors, as part of the landlord's consent.
- Check the buyer's finances carefully before you agree to a sale. The landlord's checks protect the landlord, not you.
- Watch for the new law. The Retail Leases Act 2022 includes a section on protecting outgoing tenants. When it starts, the rules may change, so ask your solicitor which rules apply on the day you sell.
Duty: when the lease goes with the business
Tasmania doesn't charge duty on goodwill or on business assets sold on their own. But according to the State Revenue Office, a lease is an interest in land. When a business is sold together with the lease of its premises, the lease and any goods transferred with it, such as plant and equipment, can be dutiable. The same applies if the sale depends on the buyer getting a new lease.
The State Revenue Office can disregard the value of the goods in some cases: for example, where they make up 90% or more of the dutiable value and will be used in the business at the leased premises. The buyer normally pays the duty, but agree how the price is split between goodwill, equipment and stock with your solicitor and accountant.
Liquor licences
If the business holds a liquor licence, the buyer applies to the Liquor and Gaming Branch of Tasmania's Department of Treasury and Finance to transfer it. The buyer, and anyone with a financial interest or influence in the business, has to provide details with the application. Incomplete applications can't be processed, so help the buyer get it right. Make settlement conditional on the transfer. More in our restaurant guide.
Food businesses
- Food registration doesn't transfer. Under Tasmania's Food Act 2003, a food business registration can't be passed to a new owner. The buyer applies to the local council for their own registration before they start trading, so they should apply as soon as the contract is signed.
- Food safety supervisor. Under the national food safety standard, most cafés, restaurants and takeaways need a certified food safety supervisor. The buyer should arrange this before they take over.
- Council approvals. Check that the approved use of the premises, seating and trading hours match how you actually trade. A buyer will price the business on what's approved.
A worked example: a Hobart café sale, step by step
An illustrative timeline, not advice. Every sale runs to its own pace.
A licensed café in Hobart is on a retail lease with four years left plus a five-year option. The owner sells it privately.
| When | What happens |
|---|---|
| Before listing | Get the price right (appraisal, add-backs and comparable Tasmanian cafés for sale), and gather the accounts, lease and variations, and equipment list. Prepare a buyer profile. |
| Weeks 1–6 | Advertise without naming the café. Buyers sign a confidentiality agreement before they get the profile, then inspect. |
| Week 7 | Price and terms agreed, with settlement conditional on the landlord's consent and the liquor transfer. The owner asks the landlord in writing to consent, and asks for a release for themselves and their guarantor. The buyer lodges the liquor licence transfer and applies to the council for food registration. |
| Week 9 | The landlord has asked for the buyer's finance approval, business experience and two references (within 14 days). The buyer provides them. |
| By week 12 | The landlord approves within 21 days of having everything, and the deed of assignment includes the owner's release. |
| Settlement | Once the liquor transfer and food registration are approved: stock count, keys, lease assigned and the agreed handover. The buyer pays any duty on the lease and equipment. |
GST (usually GST-free as a going concern), capital gains tax and staff entitlements work the same way as in other states. See steps 9 and 10 of How to sell your business yourself, and talk to your accountant. Selling elsewhere? See the guides for NSW, Queensland, WA, SA, the ACT and the NT.
Selling your business in Tasmania?
Start with the price. Upload your P&L, and add your lease and roster if you have them. AUS Brokers works out your maintainable earnings with the add-backs explained, applies the multiple range for your type and size of business, and checks comparable businesses currently for sale in Tasmania. You can add a buyer-ready profile, with photos, to send to buyers yourself.
An indicative appraisal only. AUS Brokers doesn't provide valuations, and doesn't act for buyers or sellers.
Frequently asked questions
Do I need a licence to sell my own business in Tasmania?
No. You can sell your own business yourself. You'll still need a solicitor for the contract and your accountant for the tax.
Is there stamp duty when a business is sold in Tasmania?
Not on goodwill or business assets sold on their own. But when the business is sold with the lease of its premises, the lease and any goods transferred with it, such as equipment, can be dutiable. The State Revenue Office can disregard the goods in some cases. The buyer normally pays.
How long does my landlord have to consent to transferring my lease in Tasmania?
The landlord has 14 days from your written request to tell you what information they need, then 21 days from receiving all of it to approve or reject the transfer. If they don't object within the 21 days, they're taken to have approved it.
Am I released from my lease when I sell my business in Tasmania?
Not automatically. Under the current Code of Practice, you and your guarantors can stay liable unless the landlord agrees to release you, so ask for a release in the deed of assignment. The Code releases you only if the lease terms, other than rent, are changed after the transfer without your agreement.
Can the buyer take over my food business registration in Tasmania?
No. Food business registrations can't be transferred. The buyer applies to the council for their own registration before they start trading.
General information only, not legal, financial or tax advice. Check your own situation with a solicitor and accountant. The worked example is illustrative.