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What is transfer duty (stamp duty)

Learn more about transfer duty (stamp duty) in NSW, including who pays it, how it is calculated, and who may be eligible for an exemption or concession.

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Transfer duty is a state tax that is charged on a range of property transactions and documents.

It most commonly applies when buying a home and transferring property.

Transfer duty was previously called stamp duty.

Who pays transfer duty

You must pay transfer duty to Revenue NSW when you buy a property in New South Wales (NSW), such as:

  • a home or holiday home
  • an investment property
  • vacant land
  • a farming property
  • commercial or industrial property, or
  • a business which includes land.

You must also pay transfer duty to Revenue NSW when you acquire property, or an interest in dutiable property, in NSW without payment, for example:

  • as a gift
  • in a declaration of trust, or
  • as a change of beneficial ownership.

Please note, property sellers and transferors do not pay transfer duty.

Foreign persons

If you are a foreign person who acquires residential-related property in NSW, you may pay surcharge purchaser duty in addition to transfer duty.

Read more about surcharge purchaser duty, including the exemptions and concessions.

Use the Surcharge Purchaser Duty Tool to help assess your foreign status for surcharge purchaser duty.

Who is exempt from transfer duty

If you are a first home buyer, you may be eligible for a full exemption or a reduced rate of transfer duty via the First Home Buyers Assistance Scheme.

Use the First Home Buyer Assistance Scheme Calculator to estimate how much you will save on transfer duty if you meet the Scheme's eligibility requirements.

Other transactions may also be eligible for an exemption or concession. Common examples include when property is transferred:

See the transfer duty exemptions and concessions available in NSW and how to apply.

Please note, in NSW an exemption is not available for retired people who downsize to a smaller property.

How transfer duty is calculated

The dutiable value of the property is the amount used to calculate how much you will pay.

Dutiable value is the higher of:

  • the purchase price you agreed to pay, or
  • the property's market value.

Transfer duty is not calculated on a fixed rate, but on a sliding scale of rates based on dutiable value.

Premium property duty is a higher duty rate that is payable when you:

  • buy a residential property in NSW, and
  • the value is above the current premium threshold.

Go to the how to calculate transfer duty page to view the current rates and thresholds, learn more about dutiable value, and see calculation examples.

Transfer duty calculator

Use the Transfer of Land or Business Calculator to estimate how much transfer duty you will pay when you purchase or acquire property in NSW.

Calculate your transfer duty
Couple sitting on a lounge looking at a mobile device.

When is transfer duty payable

You must pay transfer duty within 3 months of:

  • signing the contract for sale
  • the date you agree to transfer (the transfer form date) where there is no contract, or
  • the date of deed.

However, if the transaction involves a transfer of property, settlement cannot take place if transfer duty has not been paid.

This means that if settlement is earlier, duty must be paid on or before the date of settlement.

If you buy an off-the-plan property to live in, you may be able to defer transfer duty payment for up to 12 months. Read the buying off-the-plan page to see if you are eligible.

How to pay transfer duty

Generally, transfer duty is paid with other funds transferred at the time of the property settlement.

Your legal representative (solicitor or conveyancer) will work with you to ensure the duty is paid and ready for settlement.

Payment options, such as Electronic Funds Transfer (EFT) and BPAY, are listed on your duties Notice of Assessment (NOA). This is a document from Revenue NSW that shows how much duty a purchaser or transferee owes. If you use a legal representative your NOA is sent to them.

Read more about paying duties, including what happens if you do not pay by the due date.

Understanding transfer duty laws

Transfer duty is a state tax — it is not managed by the Commonwealth Government or any of its agencies, such as the Australian Taxation Office or Services Australia.

Revenue NSW is responsible for collecting transfer duty, surcharge purchaser duty and landholder duty in NSW in accordance with several pieces of legislation, including the:

Transfer duty is different from other government taxes levied on property owners in NSW, such as:

Transfer duty laws are different in each state or territory. If you need help with transfer duty (stamp duty) in other jurisdictions, contact the government of the state or territory in which your property is located.

In addition to administering the legislation, Revenue NSW and other revenue offices produce documents that help explain transfer duty laws.

Revenue Rulings clarify our interpretation of the law, especially when the law is unclear or complex.

Commissioner’s Practice Notes contain information and guidance to make it easier to comply with the legislation.

Case Summaries developed by the NSW Crown Solicitor's Office outline judgements made in cases against the Chief Commissioner of State Revenue.

Are you a solicitor, conveyancer or accountant?

If you process duties transactions for clients visit the Property Professionals Resource Centre for access to eDuties and Electronic Duties Return, detailed guides and other resources.

Contact us

Call the duties team on 1300 139 814 or +61 2 7808 6916 if you are overseas. Staff are available Monday to Friday, 8.30am to 5.00pm AEST (excluding public holidays).

You can also email duties@revenue.nsw.gov.au. You will receive a response within 10 business days.