Transfer Duty Fact Sheet

Fact sheet
Transfer duty is imposed on dutiable transactions.

This fact sheet provides an overview of the transfer duty provisions imposed under the Duties Act.

The Duties Act specifies a list of dutiable transactions, together with a list of dutiable property that may be the subject of a dutiable transaction. The ten dutiable transactions are

  • a transfer of dutiable property
  • an agreement for the transfer of dutiable property
  • a declaration of trust over dutiable property
  • a vesting of dutiable property by statute law or court order
  • a foreclosure of a mortgage over dutiable property
  • an acquisition of new dutiable property on its creation, grant or issue
  • a surrender of special dutiable property
  • a trust acquisition or surrender
  • a partnership acquisition
  • a farm-in agreement.

The following are not dutiable transactions and are therefore not subject to transfer duty

  • a transaction the subject of which is a right, unless there is consideration paid for the transaction
  • a transfer, or agreement to transfer, a lease, unless there is a consideration paid for the transaction
  • a transfer, or agreement to transfer, a security interest where the consideration for the transfer is equal to or greater than the market value of the security interest
  • a transaction over a unit in a unit trust.

A person who is liable to pay transfer duty may also be liable to pay foreign transfer duty.

Documents

Page reviewed 9 March 2020
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