Stamp duty exemptions and concessions in NSW: who pays less

Who is exempt from paying stamp duty in NSW?

Revenue NSW lists these exemptions and concessions:

1. First home buyers.
2. Spouses and de facto partners transferring their home between them.
3. Marriage or relationship break-ups.
4. Deceased estates.
5. Primary production land transferred between family members.
6. Self managed super funds, in some transfers.
7. Charities.
8. Some company reconstructions.

The sections below explain the ones that matter most to people buying or transferring a home.

First home buyers

1. A home valued up to $800,000: no stamp duty.
2. Above $800,000 and below $1,000,000: a reduced amount.
3. Vacant land up to $350,000: no stamp duty. Above $350,000 and below $450,000: a reduced amount.

For a home, you must meet the ownership rules, move in within 12 months of settlement and live there for at least 12 continuous months. Read first home buyer stamp duty in NSW.

Transfers of the home between spouses

If you transfer part of your home to your spouse or de facto partner so you own it in equal shares, the transfer can be exempt from transfer duty. A home also used for business may get only part of the concession, and a foreign person may still pay surcharge duty.

1. It must be your main home, or vacant land on which you intend to build it.
2. After the transfer you must own it in equal shares.
3. De facto partners must have lived together for at least 2 continuous years.
4. Holiday homes and investment properties do not qualify.

Separation and divorce

When a marriage or relationship has broken down, property transferred between the two of you can be exempt.

The transfer must be made under a qualifying document, such as court orders, a binding financial agreement, or a written agreement to divide property because of the separation.

The property can be divided in any proportion. A transfer to someone outside the relationship, such as a sibling, does not qualify.

The exemption must be applied for.

Deceased estates

When an executor transfers property to a beneficiary under the will, or under the rules that apply when there is no will, duty is a fixed $100.

Any part of the transfer beyond what the beneficiary is entitled to is charged at the normal rates.

The concession must be applied for.

Buying off the plan: paying later

This is not an exemption. The amount is the same, but eligible buyers can pay up to 12 months later.

Duty is then due on the earliest of 15 months after signing, completion, or assignment of the contract.

1. You must buy the home to live in.
2. You must move in within 12 months of settlement and live there for at least 12 continuous months.
3. Every buyer must be an Australian citizen, permanent resident or hold a listed visa, and have been in Australia for at least 200 days in the 12 months before signing.
4. Trusts and companies cannot use it.

You do not need to be a first home buyer.

What is no longer available

First Home Buyer Choice, which let some buyers pay a yearly property tax instead of stamp duty, closed to new buyers from 1 July 2023.

As at 2 November 2026, Revenue NSW does not list a stamp duty concession for pensioners or people downsizing.

If the purchase does not go ahead

If duty was paid and the contract is later cancelled without completing, you can apply to Revenue NSW for a refund.

The usual time limit is 5 years from the first assessment, or 12 months after the cancellation if that is later.

A refund is not available if the contract was cancelled to pass the purchase on to someone else.

Where people get caught

Common questions