All transfers of land are subject to duty on the instrument of transfer based on the value of the land (including improvements) or the consideration (including GST) whichever is greater (unless an exemption or concession applies). When a business is purchased, land may also be transferred as part of the contract for sale, or the business may at some future time purchase land - this transfer of land is also subject to duty.
In those instances where the transfer of land forms part of the sale of business, the stamp duty could be apportioned on both the contract for sale and the transfer instrument based on the total consideration of the contract (including the land).
What is required?
It is important as well as a requirement of law that the purchaser legally records their interest in any land they purchase quickly and efficiently to protect their investment.
The usual practice is that the purchaser will be responsible for the payment of the appropriate stamp duty and Lands Titles Office registration fees at the time either the purchaser or their representative arranges stamping and then lodges the documentation for registration at the Lands Titles Office.
Rate of Stamp Duty
Most transfers of land are charged as detailed below. A number of concessions are detailed in the Stamp Duties Act (for example, for First Home Purchasers who meet certain criteria), and other conveyances may be exempt (for example, transfers from an estate of a deceased person to a beneficiary under the will). The calculation of stamp duty on transfers of real property can be very complex and this brief information should only be taken as a guide.
|Where value of the property conveyed||Amount of Duty|
|Does not exceed $12,000||$1.00 for every $100 or part of $100|
|Exceeds $12,000 but not $30,000||$120 plus $2.00 for every $100 or part of $100 over $12,000|
|Exceeds $30,000 but not $50,000||$480 plus $3.00 for every $100 or part of $100 over $30,000|
|Exceeds $50,000 but not $100,000||$1,080 plus $3.50 for every $100 or part of $100 over $50,000|
|Exceeds $100,000 but not $200,000||$2,830 plus $4.00 for every $100 or part of $100 over $100,000|
|Exceeds $200,000 but not $250,000||$6,830 plus $4.25 for every $100 or part of $100 over $200,000|
|Exceeds $250,000 but not $300,000||$8,955 plus $4.75 for every $100 or part of $100 over $250,000|
|Exceeds $300,000 but not $500,000||$11,330 plus $5.00 for every $100 or part of $100 over $300,000|
|Exceeds $500,000||$21,330 plus $5.50 for every $100 or part of $100 over $500,000|
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This page was last reviewed 18 July, 2012