# Transfer duty & stamp duty in Australia: NSW, QLD and VIC explained

> **Reading time:** 20 min  •  **For:** Buyers and investors in NSW, QLD and VIC  •  **Last verified:** 19 May 2026

## Overview

Understanding transfer duty (also known as stamp duty) is crucial for homebuyers, investors and property owners in Australia. This mandatory government tax impacts every property purchase and property transfer and influences the overall cost of real estate property transactions. Working with a conveyancer can help navigate the complexities of transfer duty, ensuring compliance and potential savings.

The amount of transfer duty required varies based on factors such as property location, purchase price or property value, buyer's circumstances, available exemptions and concessions and property type. This guide provides an in-depth explanation of transfer duty, including tax deductibility, calculation methods, exemptions and concessions. Whether you're a first-home buyer or an investor, knowing how transfer duty works can help you plan your finances effectively and avoid unexpected costs.

## What is transfer duty / stamp duty?

Transfer duty, commonly referred to as stamp duty, is a tax imposed by state and territory governments on property transactions. This duty generally applies to purchases and transfers of property for various purposes, such as owner occupation or investment, and of various types, such as residential, commercial, industrial, farming property (including vacant land), business assets, etc.

### Purpose of transfer duty

The primary purpose of transfer duty is to generate government revenue and regulate real estate transactions. It is payable when a property changes ownership, whether by sale, inheritance, or gifting.

### When does transfer duty apply?

- **Buying a home** (new or existing residential property)
- **Purchasing a holiday home or investment property**
- **Acquiring vacant land for development**
- **Transferring property ownership** through inheritance, family or related party arrangements
- **Other transactions** that may trigger transfer duty, such as declaration of trust over a property, purchase or transfer of business asset and certain shares or foreclosure of mortgage over certain property

### Example scenarios

- A first-home buyer purchasing a $500,000 house must pay transfer duty calculated using the relevant duty rate in the state where the house is unless the buyer is eligible for any first home transfer duty concession.
- An investor buying an apartment at market value will incur stamp duty based on the purchase price.
- A family member receiving ownership of a property as a gift from another family member may still be liable for transfer duty assessed on the property market value.

## Is transfer duty / stamp duty tax deductible?

Generally transfer duty is not tax deductible but may be taken into consideration when calculating capital gains tax depending on the property use.

### Owner-occupied homes

For owner-occupied residential properties, transfer duty is **not tax deductible**. It is considered a capital expense and cannot be claimed as a deduction on personal tax returns. If the property qualifies as your principal place of residence, you may be exempt from paying capital gains tax when selling the home.

### Investment properties

For investment properties, transfer duty is **not immediately deductible** but may reduce capital gains tax when the property is sold. Transfer duty can be added to the cost base of the property, lowering taxable capital gains payable.

### Relevant ATO guidelines

For rules and information on deducting transfer duty from the property cost base to calculate capital gain tax, refer to the ATO's guide on [How to calculate CGT](https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/calculating-your-cgt/how-to-calculate-your-cgt).

For rules and information on investment income deductions, refer to the ATO's guide on [Interest, dividend and other investment income deductions](https://www.ato.gov.au/individuals-and-families/income-deductions-offsets-and-records/deductions-you-can-claim/investments-insurance-and-super/interest-dividend-and-other-investment-income-deductions#ato-Rentalandholidayhomeexpenses).

For taxation and accountancy advice please consult your personal financial advisor for more details.

## How is transfer duty / stamp duty calculated?

Transfer duty is calculated on the higher of the property **purchase price** and **market value** using the applicable transfer duty rate of the state or territory that the property is located in.

Additionally, there are other factors that can significantly affect the amount of transfer duty payable:

- **Property location**: each state and territory has its separate transfer duty rates.
- **Purchase price or property value**: different transfer duty rates apply to different price or value ranges. Generally, the rate increases as the price or value of the property increases. In NSW, premium rates are applicable to property valued over $3 million. The specific rates and affected values vary depending on the contract date and whether the property is residential or large property.
- **Buyer's circumstances**: first-home buyers and owner occupiers may be eligible for transfer duty concessions or exemptions while foreign buyers may need to pay additional surcharge duty.
- **Property type**: the transfer duty exemptions and concessions available differ depending on the property type (new and existing home or vacant land) and the buyer's intended use for the property (principal home or investment property).
- **Exemptions and concessions** (e.g., home concession transfer duty, first home buyer duty exemption or concession).

### Transfer duty vs. stamp duty

Originally stamp duty was imposed on documents evidencing property transactions and physical stamps were affixed on the physical documents. Duty could be legally avoided if there was no document in existence.

Today the duty is imposed on transactions rather than documents and in most jurisdictions, stamp duty is officially referred to as "transfer duty".

The terms "transfer duty" and "stamp duty" are often used interchangeably and both refer to the same tax.

### Transfer duty rates by state — quick comparison

Same property, same buyer, no concessions or surcharges applied — here's how the bill changes by state at $600,000.

<div class="ig">
  <div class="ig-head">
    <span class="ig-pill">At a glance</span>
    <p class="ig-title">Standard duty on a $600,000 property <span style="font-weight: 400; opacity: 0.6;">(no concession, no surcharge)</span></p>
  </div>
  <div class="ig-grid-3">
    <div class="ig-card">
      <p class="ig-card-h" style="color: #1e3a8a;">🟦 NSW</p>
      <p class="ig-stat-lg" style="color: #2563eb;">$21,529</p>
      <div class="ig-bar" style="height: 10px; margin-top: 8px;">
        <div class="ig-bar-seg" style="background: #2563eb; flex: 69;"></div>
        <div style="flex: 31; background: #f1f5f9;"></div>
      </div>
      <p style="margin: 6px 0 0; font-size: 11px; color: #64748b;">~3.6% of price</p>
    </div>
    <div class="ig-card">
      <p class="ig-card-h" style="color: #c2410c;">🟧 QLD</p>
      <p class="ig-stat-lg" style="color: #ea580c;">$20,025</p>
      <div class="ig-bar" style="height: 10px; margin-top: 8px;">
        <div class="ig-bar-seg" style="background: #ea580c; flex: 64;"></div>
        <div style="flex: 36; background: #f1f5f9;"></div>
      </div>
      <p style="margin: 6px 0 0; font-size: 11px; color: #64748b;">~3.3% of price — the lowest</p>
    </div>
    <div class="ig-card ig-tone-warn">
      <p class="ig-card-h" style="color: #9a3412;">🟪 VIC</p>
      <p class="ig-stat-lg" style="color: #7c3aed;">$31,070</p>
      <div class="ig-bar" style="height: 10px; margin-top: 8px;">
        <div class="ig-bar-seg" style="background: #7c3aed; flex: 100;"></div>
      </div>
      <p style="margin: 6px 0 0; font-size: 11px; color: #9a3412;">~5.2% — $11K+ more than QLD</p>
    </div>
  </div>
  <p class="ig-foot">Victoria's standard duty is roughly <strong>50% higher than NSW or QLD</strong> at this price point. This is one of the reasons first-home concessions and the PPR concession matter so much in VIC — they're the difference between paying $0 and $31K on the same purchase.</p>
</div>

### How to calculate transfer duty using a stamp duty calculator

1. Determine the market value or purchase price.
2. Apply the applicable state transfer duty rates.
3. Factor in stamp duty exemptions and stamp duty concessions if eligible.
4. Factor in surcharge duty if the buyer is a foreigner.

All state or territory revenue offices have a transfer duty calculator tool available on their websites. You can utilise these calculators for easy and accurate calculation of transfer duty.

- [NSW transfer duty calculator](https://www.apps09.revenue.nsw.gov.au/erevenue/calculators/landsalesimple.php)
- [NSW transfer duty calculator for first home buyers](https://www.apps09.revenue.nsw.gov.au/erevenue/calculators/fhba.php)
- [QLD transfer duty calculator](https://qro.qld.gov.au/duties/transfer-duty/calculate/transfer-duty-estimator/)
- [VIC transfer duty calculator](https://www.e-business.sro.vic.gov.au/calculators/land-transfer-duty)

### Common exemptions and concessions

Each state and territory has its separate transfer duty exemptions and concessions. The common ones are:

- First-home buyer exemptions and concessions
- Principal place of residence / home buyer concessions
- Exemption for pensioners
- Concessions for off-the-plan purchases
- Exemptions for transfers between married couples and de facto partners
- Exemptions for transfers related to marriage, de facto and domestic relationship break-ups
- Exemptions and concessions for deceased estate transfers

## How much is transfer duty / stamp duty in NSW, QLD, and VIC?

### NSW stamp duty rates

In New South Wales, transfer duty (also known as stamp duty) is calculated based on the higher of the purchase price and property's market value. The more expensive the property, the higher the duty payable. For contracts and transfers dated from 1 July 2024, the standard transfer duty rates in NSW are as follows:

- **Up to $17,000** — $1.25 for every $100 (minimum $20)
- **$17,001 to $36,000** — $212 + $1.50 per $100 over $17,000
- **$36,001 to $97,000** — $497 + $1.75 per $100 over $36,000
- **$97,001 to $364,000** — $1,564 + $3.50 per $100 over $97,000
- **$364,001 to $1,212,000** — $10,909 + $4.50 per $100 over $364,000
- **Over $1,212,000** — $49,069 + $5.50 per $100 over $1,212,000

**Premium transfer duty** applies to residential property valued over $3 million. Where the land is larger than 2 hectares, the premium transfer rate only applies to the first 2 hectares — the rest of the property is charged at the standard rate. For contracts and transfers dated from 1 July 2024, premium transfer duty applies to property valued over $3,636,000 at a rate of $182,389 + $7 per $100 over $3,636,000.

The threshold amounts for standard transfer duty and premium duty rates are adjusted annually in line with the Consumer Price Index (All Groups Index) for Sydney. For duty rates applicable to contract and transfer dates before 1 July 2024, refer to [Calculating transfer duty](https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty#heading4) on the Revenue NSW website.

For exact calculations for specific property prices or values, use the [NSW stamp duty calculator](https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty) and the NSW transfer duty calculator for first home buyers on the Revenue NSW website.

### QLD stamp duty rates

In Queensland, stamp duty depends on whether the buyer is an investor or owner-occupier. The transfer duty rates in QLD are:

- **Up to $5,000** — No duty
- **$5,001 to $75,000** — $1.50 per $100 over $5,000
- **$75,001 to $540,000** — $1,050 + $3.50 per $100 over $75,000
- **$540,001 to $1,000,000** — $17,325 + $4.50 per $100 over $540,000
- **Over $1,000,000** — $38,025 + $5.75 per $100 over $1,000,000

You can use the [QLD stamp duty calculator](https://qro.qld.gov.au/payroll-tax/calculate/calculators/) to determine your payable duty.

### VIC stamp duty rates

In Victoria, stamp duty is calculated on a sliding scale based on property value. The stamp duty rates for contracts dated after 1 July 2021 in VIC are:

- **Up to $25,000** — 1.4%
- **$25,001 to $130,000** — $350 + 2.4% of property value over $25,000
- **$130,001 to $960,000** — $2,870 + 6% of property value over $130,000
- **$960,001 to $2,000,000** — 5.5% of property value
- **Over $2,000,000** — 6.5% of property value

For an accurate estimate, use the [VIC stamp duty calculator](https://www.sro.vic.gov.au/calculators).

### Need an exact calculation?

The cost of stamp duty in NSW, QLD, and VIC varies based on property value, eligibility for concessions or exemptions and — if the buyer is a foreigner — surcharge duty. Use the official state stamp duty calculators linked above for an accurate estimate before purchasing a property.

Additionally, consider exploring various home loan options and using tools to understand your borrowing capacity and repayment options when calculating stamp duty.

## Transfer duty exemptions and concessions in NSW, QLD and VIC

First-home buyer concessions vary sharply by state. Here are the bands and where the cliffs sit.

<div class="ig">
  <div class="ig-head">
    <span class="ig-pill">Compare</span>
    <p class="ig-title">First-home buyer duty bands — where you pay $0, partial, or full duty</p>
  </div>
  <div class="ig-grid-3">
    <div class="ig-card">
      <p class="ig-card-h" style="color: #1e3a8a;">🟦 NSW <em style="color: #64748b; font-weight: 500;">(FHBAS)</em></p>
      <div class="ig-bar">
        <div class="ig-bar-seg" style="background: #16a34a; flex: 67;">≤ $800K</div>
        <div class="ig-bar-seg" style="background: #f59e0b; flex: 17;">to $1M</div>
        <div class="ig-bar-seg" style="background: #dc2626; flex: 16;">$1M+</div>
      </div>
      <p style="margin: 8px 0 0; font-size: 11.5px; color: #475569;">$0 duty up to <strong>$800K</strong>. Sliding concession to <strong>$1M</strong>. Standard rates above.</p>
    </div>
    <div class="ig-card">
      <p class="ig-card-h" style="color: #c2410c;">🟧 QLD</p>
      <div class="ig-bar">
        <div class="ig-bar-seg" style="background: #16a34a; flex: 58;">≤ $700K</div>
        <div class="ig-bar-seg" style="background: #f59e0b; flex: 8;">to $800K</div>
        <div class="ig-bar-seg" style="background: #dc2626; flex: 34;">$800K+</div>
      </div>
      <p style="margin: 8px 0 0; font-size: 11.5px; color: #475569;">$0 duty up to <strong>$700K</strong>. Sliding concession to <strong>$800K</strong>. Standard rates above.</p>
    </div>
    <div class="ig-card">
      <p class="ig-card-h" style="color: #6b21a8;">🟪 VIC</p>
      <div class="ig-bar">
        <div class="ig-bar-seg" style="background: #16a34a; flex: 50;">≤ $600K</div>
        <div class="ig-bar-seg" style="background: #f59e0b; flex: 12;">to $750K</div>
        <div class="ig-bar-seg" style="background: #dc2626; flex: 38;">$750K+</div>
      </div>
      <p style="margin: 8px 0 0; font-size: 11.5px; color: #475569;">$0 duty up to <strong>$600K</strong>. Sliding concession to <strong>$750K</strong>. Standard rates above.</p>
    </div>
  </div>
  <div class="ig-bar-legend" style="justify-content: center; margin-top: 14px;">
    <span><i style="background: #16a34a;"></i>Full exemption</span>
    <span><i style="background: #f59e0b;"></i>Sliding concession</span>
    <span><i style="background: #dc2626;"></i>Full standard duty</span>
  </div>
  <p class="ig-foot">⚠️ <strong>Watch the cliffs.</strong> A single dollar over the threshold can cost thousands. VIC has the lowest full-exemption ceiling ($600K) and the steepest cliff at $750K — at that price you pay full duty (~$40K). NSW is the most generous, with full exemption up to $800K and sliding relief out to $1M. Bars are illustrative — proportions scale to a $1.2M reference point.</p>
</div>

### NSW stamp duty exemptions and concessions

In New South Wales, eligible homebuyers can benefit from a stamp duty exemption or a concessional rate under the First Home Buyers Assistance Scheme (FHBAS). The FHBAS thresholds differ depending on the contract date. For contracts dated from 1 July 2023:

**For new and existing homes:**

- A full exemption applies to homes valued up to **$800,000**.
- Concessions apply for properties priced above **$800,000 and less than $1,000,000**.

**For vacant land:**

- A full exemption applies to land valued up to **$350,000**.
- Concessions apply for land priced above **$350,000 and less than $450,000**.

First-home buyers may also be eligible for the **First Home Owner Grant (FHOG)** for new builds.

If purchasing with an ineligible party, the NSW transfer duty concession is only applied to the eligible portion of the ownership.

For family law and estate transfers, stamp duty exemptions and concessions apply to eligible property transfers between married and de facto couples and due to divorce, break-ups, or inheritance.

For accurate calculations, refer to the NSW [First Home Buyers Assistance calculator](https://www.apps09.revenue.nsw.gov.au/erevenue/calculators/fhba.php) and [NSW stamp duty calculator](https://www.apps09.revenue.nsw.gov.au/erevenue/calculators/landsalesimple.php).

### QLD stamp duty exemptions and concessions

In Queensland:

- Stamp duty exemption in QLD applies to first-home buyers purchasing a property valued up to **$700,000**.
- Higher concessions apply for first-home buyers purchasing homes priced between **$700,001 and $800,000**.
- General concessions are available to all home buyers, regardless of property value, provided eligibility criteria are met.
- The First Home Buyer Stamp Duty Concession differs from the **QLD First Home Owner Grant**, which applies to new builds.
- If buying with an ineligible person, only the eligible buyer's share receives the concession.
- Transfers due to divorce or deceased estates may also qualify for duty exemptions.

For more details, use the [QLD stamp duty calculator](https://qro.qld.gov.au/payroll-tax/calculate/calculators/).

### VIC stamp duty exemptions and concessions

Victoria offers several **stamp duty concessions**:

#### First home buyer duty exemption and concession

- Full exemption for first-home buyers purchasing properties up to **$600,000**.
- Concessional rates for homes valued above **$600,000 and less than $750,000**.
- Additional exemptions exist for family law property transfers and inherited properties.

If any co-purchaser is ineligible, only the eligible buyer's share benefits from the **stamp duty first home buyer VIC** concession.

#### Principal place of residence (PPR) duty concession

This concession is calculated on a sliding basis and is available to all home buyers (not just first home owners) whose property is valued up to **$550,000** and who:

- start using the property as their PPR within 12 months of becoming entitled to possession of the property (which usually occurs at settlement); and
- live in the property for a continuous period of at least 12 months.

If there are multiple buyers, at least one of the buyers must occupy the property as their PPR. The buyers can satisfy the requirements between themselves.

If these requirements are not met, duty will be assessed at the standard rate. The SRO may exercise discretion to vary the residence requirements where there is a good reason to do so.

This concession may also apply to vacant land intended to be used to build a home. Buyers must move into their home by whichever of these dates occurs first:

- 12 months of the date the buyer can lawfully live in it, which is usually the date the occupancy certificate is issued; or
- 36 months of the settlement date of the land.

If a buyer has received the PPR concession, **they must notify the SRO in writing within 30 days of any changes in their circumstances that will result in the residence requirements not being met**.

#### Pensioner duty exemption or concession

An eligible pensioner can receive a one-off duty exemption or concession when they buy a new or established home, valued up to **$750,000**, to live in as their principal place of residence (PPR).

The pensioner duty exemption or concession is available when the buyers are buying their first home and when they are buying a property jointly with someone else, such as a partner or spouse.

To be eligible for the pensioner exemption or concession, the buyer must:

- hold a relevant concession card at the property settlement date
- have never received a pensioner exemption/concession in Victoria
- buy the property for market value
- intend to live in the home as their principal place of residence.

Relevant concession cards include:

- [DVA Commonwealth Seniors Health Card](https://www.dva.gov.au/get-support/health-support/veteran-healthcare-cards/commonwealth-seniors-health-card)
- [DVA Pensioner Concession Card](https://www.dva.gov.au/)
- [DVA Veteran Gold Card](https://www.dva.gov.au/get-support/health-support/veteran-healthcare-cards/veteran-gold-card)
- [Services Australia Health Care Card](https://www.servicesaustralia.gov.au/health-care-card) (except the Foster Child Health Care Card and Carer Allowance Health Care Card)
- [Services Australia Pensioner Concession Card](https://www.servicesaustralia.gov.au/pensioner-concession-card)
- [Services Australia Commonwealth Seniors Health Card](https://www.servicesaustralia.gov.au/commonwealth-seniors-health-card)

To check eligibility, visit the [VIC stamp duty calculator](https://www.sro.vic.gov.au/calculators).

### What will my solicitor apply for?

Your solicitor will assess eligibility and apply for applicable **stamp duty exemptions and/or concessions** on your behalf, ensuring you benefit from all available savings.

Solicitors and conveyancers do not apply for grants — such as the First Home Owner Grant, available for eligible purchasers buying or building first new homes. The grant must be applied for through an approved lender or directly with the state revenue office.

### Transfer duty in family law and estate transfers

Transfer duty is generally waived or discounted at a concessional rate for eligible property transfers between married or de facto couples, or due to break-ups, divorce, or inheritance. Specific conditions apply, so seeking legal advice before you make the move is recommended.

## When do I need to pay transfer duty in NSW, QLD and VIC?

### NSW transfer duty payment deadline

In New South Wales, **transfer duty** must be paid within **3 months** of the property purchase contract being signed or at settlement, whichever is earlier.

For off-the-plan purchases where the buyer intends to live in the property, payment can be deferred for up to **12 months** or until settlement, whichever comes first. The following requirements must be satisfied:

- All purchasers and transferees must be Australian citizens, or Australian permanent residents who have lived in Australia for more than 200 days within a 12-month period immediately before the contract date.
- At least one purchaser or transferee must move into the home within 12 months of settlement and live there as their principal place of residence for at least 12 continuous months (if the contract date is on or after 1 July 2023), or 6 continuous months (if the contract date is before 1 July 2023).
- The living requirements can be waived if one purchaser or buyer is a permanent member of the Australian Defence Force and all purchasers and buyers are on the NSW electoral roll.

### QLD transfer duty payment deadline

In Queensland, **transfer duty** is payable within:

1. **If an electronic settlement** — the later of 30 days from the contract becoming unconditional or 60 days from the contract date, and no later than settlement date; or
2. **If not an electronic settlement** — the later of 30 days of the contract being signed or 30 days from when your contract becomes unconditional, and no later than the settlement date.

Given most contracts settle within 30 days it is commonly paid at settlement. If settlement is later than this date, transfer duty must be paid when due or additional interest on unpaid duty will need to be paid.

### VIC stamp duty payment deadline

In Victoria, transfer duty must be paid as part of the property settlement to enable settlement to take place.

### Can I delay paying the transfer duty or pay in instalments?

- **NSW:** Buyers of eligible off-the-plan purchases have an additional 12 months to pay transfer duty, but this is not an option for established property transactions. Regardless, transfer duty must be paid on settlement. Buyers experiencing financial hardship can apply to the [Hardship Review Board](https://www.nsw.gov.au/money-and-taxes/hardship-review-board/taxes-and-duties-review-process) to waive, defer or write off transfer duty.
- **QLD:** No deferral options; payment must be made within the set timeframe.
- **VIC:** The Victorian State Revenue Office offers a **payment plan** in limited circumstances for financial hardship cases.

#### Interest on unpaid duty

When transfer duty is not paid on time, interest will accrue daily until the duty is paid in full. The current interest rates across states are:

- **NSW:** 12.17% between 1 April and 30 June 2025. See [calculating NSW duties interest](https://www.revenue.nsw.gov.au/about/terms-and-conditions/interest-and-penalty-tax#heading2) and the [NSW duties interest calculator](https://www.apps09.revenue.nsw.gov.au/erevenue/calculators/taainterest.php).
- **QLD:** 12.36% for the 2024–2025 financial year. See [QLD unpaid tax interest for transfer duty self assessors](https://qro.qld.gov.au/duties/self-assessors/essentials/unpaid-interest/).
- **VIC:** 12.36% between 1 July 2024 and 30 June 2025. See [VIC interest rates](https://www.sro.vic.gov.au/interest-rates).

If you're unsure about your payment obligations, use the [NSW](https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty), [QLD](https://qro.qld.gov.au/duties/calculators/) or [VIC](https://www.sro.vic.gov.au/calculators) stamp duty calculator to estimate your duty and plan accordingly.

## Transfer duty refunds — what if I pay too early and my contract is cancelled?

### NSW stamp duty refunds

In NSW, if you have already paid transfer duty but your contract is rescinded or terminated, you may apply for a refund. Refund applications must be made within:

- **5 years** after transfer duty was assessed; or
- **12 months** after the contract is rescinded or terminated.

Supporting documents, such as proof of contract termination, are required. Visit the [Revenue NSW website](https://www.revenue.nsw.gov.au/) for more details.

### VIC stamp duty refunds

In Victoria, if you have overpaid the transfer duty or your contract is cancelled or does not settle, you may apply for a stamp duty refund. Applications must be submitted within **5 years** of the original duty payment. Proof of termination and a written request to the [State Revenue Office Victoria](https://www.sro.vic.gov.au/) is required.

If you've overpaid or your contract is cancelled, apply for a refund promptly to recover your funds.

## Transfer duty and foreign buyers in NSW, QLD and VIC

Foreign buyers purchasing property in Australia are subject to additional transfer duty in NSW, QLD and VIC. These surcharges apply on top of standard stamp duty rates and vary by state.

### NSW surcharge stamp duty for foreign buyers

Foreign buyers of residential land in NSW must pay a Surcharge Purchaser Duty of **9%** of the property's value in addition to any standard transfer duty. This applies to individuals, corporations, and trusts classified as foreign entities.

### QLD stamp duty for foreign buyers

In Queensland, foreign individuals and entities must pay an **8% Additional Foreign Acquirer Duty (AFAD)** in addition to standard QLD transfer duty rates. This surcharge applies to residential property purchases.

Certain exemptions may apply, such as for Australian-based corporations or permanent residents.

### VIC stamp duty for foreign buyers

In Victoria, foreign purchasers are subject to a **Foreign Purchaser Additional Duty (FPAD) of 8%** on top of standard VIC stamp duty rates.

Foreign buyers are required to apply for approval from the **Foreign Investment Review Board (FIRB)** before purchasing property. Exemptions may be available for certain visa holders (such as New Zealand citizens' special category visa) or permanent residents. Use the [VIC stamp duty calculator](https://www.sro.vic.gov.au/calculators) to determine the total duty payable.

### Summary

Foreign buyers in NSW, QLD and VIC must pay additional surcharges on property purchases. The total cost of stamp duty for foreign buyers depends on location, property value, and potential exemptions. Seeking legal or tax advice can help buyers understand their obligations and explore potential concessions.

## Transfer duty for house & land packages and off-the-plan in NSW, QLD and VIC

Buying a house and land package or an off-the-plan property affects how transfer duty in NSW, QLD and VIC is calculated. In some cases, you may pay reduced stamp duty compared to purchasing an established home.

### NSW

Stamp duty on a house and land package in NSW is calculated on the land value only if the home has not been built yet. This can significantly reduce stamp duty in NSW compared to buying a completed home.

First-home buyers may qualify for a transfer duty exemption if the vacant land is valued up to **$350,000**, or a transfer duty concession if valued between **$350,000 and $450,000**. Eligible off-the-plan buyers can defer transfer duty payments for up to **12 months** or until settlement, whichever is earlier.

To calculate your duty, use the [NSW stamp duty calculator](https://www.revenue.nsw.gov.au/taxes-duties-levies-royalties/transfer-duty) and [first home buyers assistance calculator](https://www.apps09.revenue.nsw.gov.au/erevenue/calculators/fhba.php).

### QLD

In QLD, transfer duty for a house and land package where the purchase price includes the build of the house is based on the entire purchase price. If purchasing land first and building later, QLD stamp duty rates apply only to the land component.

For off-the-plan purchases, transfer duty discounts may apply depending on the type of off-the-plan purchase:

- First home buyers may qualify for the first home buyers transfer duty QLD concession if the off-the-plan contract is a built property, which applies to properties up to **$800,000**.
- General concessions are also available to all home buyers purchasing on off-the-plan, regardless of property value, provided that at settlement there is a property built.
- If the off-the-plan purchase is vacant land, the only concession available is the first home buyers vacant land concession up to a value of **$499,999**.

To estimate your duty, use the [QLD stamp duty calculator](https://qro.qld.gov.au/duties/transfer-duty/calculate/transfer-duty-estimator/).

### VIC

In VIC, stamp duty on a house and land package is generally applied to the land value if construction has not commenced. This means VIC transfer duty can be significantly lower for buyers purchasing early in the development stage.

For off-the-plan apartments and units, you must be eligible for either the Principal Place of Residence (PPR) concession or the first home buyer duty exemption or concession to enjoy the off-the-plan duty concession. First-home buyers may be eligible for stamp duty exemption in VIC if the dutiable value of the property is up to **$600,000**, with concessions available for properties up to **$750,000**. The dutiable value is usually construed as the value of the property when you sign the contract — i.e. the contract price minus the construction or refurbishment costs incurred on or after the contract date.

For contracts entered into on or after **21 October 2024 and before 21 October 2025**, a temporary off-the-plan transfer duty concession scheme applies. The concession is available to all purchasers, including investors, companies and trusts — there is no requirement to be eligible for either the PPR duty concession or the first home buyer duty exemption or concession, and no threshold. The concession is available for apartments, units and townhouses of any value.

To determine how much you'll pay, use the [VIC stamp duty calculator](https://www.sro.vic.gov.au/calculators).

### Do I pay less stamp duty when purchasing an off-the-plan property?

Yes, off-the-plan duty concessions are available in Victoria.

In New South Wales, Queensland and Victoria, off-the-plan purchases can result in lower stamp duty if the buyers and the property satisfy the requirements for stamp duty concessions or exemptions. Off-the-plan property is generally cheaper than established property, and since the duty is often calculated based on the property value, buyers may pay significantly less than they would for an established home.

## How to avoid transfer duty in NSW, QLD and VIC — is it possible?

While transfer duty is mandatory for most property purchases, some buyers may qualify for stamp duty exemptions or concessions to reduce costs.

### How to reduce duty in NSW

- **First Home Buyer Assistance Scheme** — Full stamp duty exemption for homes up to $800,000 and vacant land up to $350,000, and concessions for homes up to $1,000,000 and vacant land up to $450,000.
- **Off-the-plan purchases** — Deferring transfer duty payment for up to 12 months if buyers intend to move into the home and satisfy the living requirements.
- **Family and relationship transfers** — Some property transfers between spouses or due to inheritance may qualify for stamp duty exemptions or concessions.

For further details, visit the [Revenue NSW website](https://www.revenue.nsw.gov.au/).

### How to reduce duty in QLD

- **First home concession** — Buyers of homes under $700,000 pay no duty, while higher discounts apply for first homes up to $800,000.
- **Home concession** — Buyers can claim the home concession when acquiring a residence to live in, even when you have owned a home before.
- **First home vacant land concession** — No QLD transfer duty is payable on land up to $350,000, and a discount continues to apply for vacant land up to a value of $500,000.
- **Exemptions for family transfers** — Property transfers due to marriage breakdowns or inheritances may be exempt.

Check eligibility using the [QLD stamp duty calculator](https://qro.qld.gov.au/duties/calculators/).

### How to reduce duty in VIC

- **First home buyer duty exemptions** — No stamp duty in VIC for homes up to $600,000, with concessions up to $750,000.
- **Principal place of residence** — Reduced stamp duty for properties as your primary residence valued up to $550,000.
- **Off-the-plan concessions** — Reduces duty based on construction progress at contract signing.
- **Spouse and family transfers** — Certain family transactions are exempt from VIC transfer duty.

Find more information at the [State Revenue Office Victoria](https://www.sro.vic.gov.au/).

### How to avoid double transfer duty

"Double duty" refers to a property transaction resulting in more than one transfer duty assessment — buyers and transferees end up liable to pay transfer duty twice or more.

Transactions and circumstances that may give rise to double duty include:

- **Contract changes** — adding or removing buyers after the contract is signed
- **Nominations & assignments** — the buyer nominates another buyer after signing the contract
- **Entity transfers** — transferring property between entities, such as from an individual to a company
- **Trust transfers** — transferring property into or out of a trust or between trusts
- **Entity structure changes** — changing property ownership between legal entities as a result of corporate reconstructions and consolidations

To avoid double duty, ensure the contract accurately specifies the person or entity that will legally own the property. When in doubt, consult a legal professional before structuring your purchase and refer to state revenue office guidelines.

## Aggregated transfer duty in NSW, QLD and VIC

While transfer duty is calculated on each transaction, state and territory legislation sometimes requires multiple transactions to be grouped together and treated as a single dutiable transaction. Transfer duty is then calculated on the aggregated value of property under all the transactions — this is known as aggregated transfer duty. It can potentially increase the duty payable, as the higher aggregated property value can incur a higher duty rate. Each state has separate rules.

### NSW

In NSW, aggregated transfer duty is applicable when:

- the transactions occur within 12 months; and
- the transferor is the same, or the transferors are associated; and
- the transferee is the same, or the transferees are associated; and
- the transactions together form substantially one arrangement — examples include:
  - transactions where the contracts contain an interdependency clause;
  - purchase of all lots in a subdivision or all units in a home unit block;
  - transactions related to freehold property and a business conducted on that property.

Exemptions are available for home builders where:

- the dutiable property related to the transactions comprises separate lots of vacant land; and
- the transferee is a licensed home builder; and
- the transferee intends to build residential premises on the lots to sell to the public.

### QLD

In QLD, stamp duty is aggregated if:

- the dutiable transactions together form substantially one arrangement;
- the transactions are documented in a single instrument;
- the transactions, though in separate instruments, are conditional upon one another (e.g. settlement or entry into another agreement);
- the parties to the transactions are the same or are related;
- the properties were used together or dependently by the transferor(s) before the transfer; or
- the properties will be used together or dependently by the transferee(s) after the transfer.

If aggregation applies, QLD transfer duty is assessed on the **total dutiable value**, often increasing the amount payable. Transfer duty concessions may still apply.

Check your potential costs using the [QLD stamp duty calculator](https://qro.qld.gov.au/duties/calculators/).

### VIC

In VIC, aggregation applies if:

- Multiple properties are purchased from the **same vendor within 12 months**.
- The purchases are considered substantially **part of one arrangement**.

If aggregation applies, VIC stamp duty is based on the **total purchase price**, potentially resulting in a higher tax liability. Some exemptions and concessions, such as those for first-home buyers, may still reduce the duty payable.

For a precise estimate, refer to the [VIC stamp duty calculator](https://www.sro.vic.gov.au/).

### Key takeaways

- Aggregation rules vary by state, but generally apply when multiple properties are purchased together or in related transactions that form substantially one arrangement.
- Buyers should be aware of potential duty increases and check if any stamp duty exemptions or concessions apply.
- Using a state-specific stamp duty calculator and consulting a conveyancer can help avoid unexpected costs.

## Transfer duty for put and call options in NSW, QLD and VIC

A put-and-call option is a contractual agreement giving one party the right to buy or sell a property at a future date. An Option Deed may contain a Call Option, a Put Option or a Put and Call Option.

- A **Call Option** gives the purchaser or a nominee the right to compel the seller to sell the property at a future point in time.
- A **Put Option** gives the seller the right to compel the purchaser to buy the property at a future point in time.

If an Option Deed grants a Put and Call Option, the Call Option generally operates first in time. An Option Deed will specify the dates within which a party can exercise its option. A Contract of Sale with agreed terms is annexed to the Option Deed and is executed once an option is exercised.

In Australia, these agreements can trigger transfer duty, but the timing and liability rules differ across NSW, QLD and VIC.

### NSW

To prevent the avoidance of duty, from **19 May 2022** the NSW Revenue Office requires duty be paid on the granting of an option over dutiable property. Ad valorem duty is payable on the greater of the call option fee or the value of the option (including any GST), within **3 months** of the date of the Option Deed. The minimum amount of duty payable is **$10**, irrespective of the amount of the call option fee.

Once the option is exercised and the purchaser enters into the Contract for Sale, the purchaser is required to pay duty on the transfer in accordance with the Contract for Sale. Duty paid on the grant of the option does not entitle the purchaser to a credit on the duty payable when the option is exercised.

If the option is not exercised, the grantee is not entitled to a refund of the duty paid on the grant of the option. If the option is assigned to another party, duty may be payable on the assignment value.

### QLD

In QLD:

- Transfer duty is payable on the consideration of the Option Agreement.
- Duty is also assessed and payable when the option is exercised based on the consideration under the Contract or the property's dutiable value.
- If an option is transferred or assigned, stamp duty may be payable on the consideration for the transfer.

### VIC

Stamp duty is payable on option deeds in Victoria. The Duties Act 2000 (Vic) outlines the requirements.

When an option to purchase property is granted, the grantee must lodge the transaction with the State Revenue Office and pay duty on the consideration paid for granting the option. If the option is exercised and a contract of sale is entered into, additional duty may be payable based on the property's purchase price. Duty paid on the grant of the option does not entitle the purchaser to a credit on the duty payable when the option is exercised. If the option is not exercised, the grantee is not entitled to a refund. If the option is assigned to another party, duty may be payable on the assignment value.

In certain circumstances Option Deeds can attract double stamp duty under the Duties Act 2000 (Vic) — for example, when transferring an option right or appointing a nominee to exercise an option. The occurrence of any "land development" (as defined by the Duties Act and the SRO Victoria's Rulings) after the date of the Option Deed also requires review.

It is prudent that separate tax advice be obtained before an Option Deed is entered into.

### Key takeaways

- If an option is transferred to another buyer, additional duty may apply.
- Consulting a conveyancer can help buyers understand their transfer duty obligations when using put and call options.

## Conclusion

Transfer duty / stamp duty is a major consideration when buying and transferring property in Australia, and the rules vary significantly across states and territories.

Understanding how it's calculated, what surcharge, exemptions or concessions may apply, and when it's due can help you budget accurately and avoid any unwanted surprises. Always check the latest requirements in the relevant state or territory or speak with a qualified professional to ensure you're making informed decisions.

## FAQs

### What is transfer duty or stamp duty?

Transfer duty, commonly known as stamp duty, is a state-imposed tax on property transactions. It is calculated based on the property's market value or purchase price and varies by state and buyer circumstances.

### Is stamp duty tax deductible?

Stamp duty is generally **not tax deductible**. However, for investment properties, it can be added to the cost base to reduce capital gains tax (CGT) when the property is sold.

### How is stamp duty calculated?

Stamp duty is calculated using state-specific rates and depends on the property value or price, buyer type (e.g. first-home buyer, investor), type and use of the property, and any available exemptions or concessions.

### Can I get a stamp duty exemption or concession?

Yes. Each state offers various exemptions and concessions, including for first-home buyers, principal place of residence purchases, pensioners, deceased estates and family transfers, and off-the-plan purchases.

### When do I need to pay stamp duty?

Payment deadlines vary by state:

- **NSW:** Within 3 months of contract signing (or 12 months for eligible off-the-plan).
- **QLD:** Usually by settlement or within 30–60 days.
- **VIC:** On or before settlement.

### Can I defer stamp duty payments?

In NSW, off-the-plan buyers may defer payment up to 12 months. QLD does not allow deferral, and VIC offers instalment options only for financial hardship.

### What happens if I overpay or the contract is cancelled?

You may be eligible for a refund:

- **NSW:** Apply within 5 years or 12 months after cancellation.
- **QLD:** Apply within 6 months (if not your fault).
- **VIC:** Apply within 5 years.

### Are foreign buyers subject to extra stamp duty?

Yes, foreign buyers pay an additional surcharge — **NSW: 9%**, **QLD: 8%**, **VIC: 8%**. Approval from the Foreign Investment Review Board (FIRB) may also be required.

### Does stamp duty apply to off-the-plan or house & land packages?

Yes, but concessions often apply. NSW/VIC duty is often based on land value or contract minus construction costs. QLD duty may apply to the full price unless land is purchased separately.

### How can I avoid paying stamp duty legally?

You can reduce or avoid duty through first-home buyer schemes, family transfers, off-the-plan concessions, or buying below exemption thresholds.

### What is double transfer duty?

Double duty may occur if contracts are altered post-signing, involve nominee purchasers, or transfer property across entities. Always seek legal advice to avoid this.

### What is aggregated transfer duty?

If multiple related property transactions occur within a short period, some states (NSW, QLD, VIC) may treat them as one transaction and assess duty on the total value.

### Does stamp duty apply to put and call options?

Yes. In NSW, VIC and QLD, duty is payable on the granting and exercising of such options. It may also apply to assignments. Legal advice is strongly recommended.
