Transfer duty

You must pay transfer duty – once known as stamp duty – in NSW when you buy: 

1 property, including your home or holiday home 

2 an investment property 

3 vacant land or a farming property 

4 commercial or industrial properties, or 

5 a business, which includes land. 

You must also pay transfer duty when you acquire land, or an interest in land, without buying it. For example: 

1 a declaration of trust 

2 a gift, or 

3 a transaction effecting a change in the beneficial ownership of a property. 

In some circumstances, you may be eligible for a concession or exemption from transfer duty, such as: 

1 when you are a beneficiary of a deceased estate, or 

2 the transfer is between a married couple or de facto couple. 

When to pay transfer duty 

You must pay transfer duty within three months of signing a contract for sale or transfer, except in the case of off-the-plan purchases. 

If you buy off-the-plan and you intend to live in the property, you may be able to defer your transfer duty liability for up to 12 months. 

Calculating transfer duty 

Use our online calculator to work out how much transfer duty you’ll need to pay. 

You must pay transfer duty based on the property’s sale price or its current market value, whichever is higher. 

We charge a standard transfer duty rate, as well as a premium duty rate, for residential properties worth more than $3 million. 

Each year the threshold amounts for standard transfer duty and premium duty rates are adjusted in accordance with  the CPI 

If the buyer and seller are related or associated, or you’re not transferring the whole property, the property must be valued by a suitably qualified person. 

If you are buying a residential property in NSW, use the residential property buyer tool to find out the taxes and duties you may need to pay, as well as exemptions and grants that you are entitled to receive. 

Pay your transfer duty 

Your solicitor or conveyancer can lodge an application for assessment on a contract for sale or transfer of land on your behalf. They’ll also arrange for duty to be paid. This is typically done as part of the settlement process. They'll also know if you are entitled to any exemptions or concessions. 

If you’re not using a solicitor or conveyancer, you must lodge an application and pay duty yourself. 

Requesting a refund 

You can apply for a refund (PDF, 259 KB) if you’ve paid transfer duty on a contract for sale or transfer that doesn’t go ahead. 

You must apply within: 

five years of the transfer duty assessment being made, or 

12 months after the agreement is cancelled. 

When applying for a refund, we’ll ask you for: 

the original contract for sale or transfer 

evidence the agreement has been cancelled – eg a photocopy of the Deed of Rescission (signed by both parties) or letters from both parties confirming the agreement has been cancelled 

a copy of the original purchaser declaration. 

Late payments 

If you don’t pay your transfer duty on time, you’ll be charged interest on the amount you owe. We may also charge additional penalties. 

Objections and reviews 

You can lodge an objection or request a reassessment if you’re dissatisfied with an assessment or decision we’ve made. 

Business transactions 

From 1 July 2016, the NSW government abolished transfer duty on the sale of business assets, including intellectual property, goodwill and statutory licences. 

However, you still must pay transfer duty on any land the business holds. Duty will be assessed on the value of the land, including leasehold interests, fixtures and goods. 

If you're transferring or assigning a lease not connected to any business assets, complete the declaration for urgent stamping of transfers and assignment of leases form. 

Other transactions 

Other transactions that may require transfer duty include: 

establishing a trust over property in NSW 

transferring an option to purchase land in NSW 

foreclosing a mortgage on property in NSW 

purchasing shares in an unlisted NSW company.