Foreign Transfer Duty Fact Sheet

Fact sheet
Duty is imposed on a foreign person who acquires residential property.

Under the Duties Act, transfer duty is imposed on dutiable transactions over dutiable property including transfers of property. The person liable to pay duty is generally the purchaser, transferee or person receiving the dutiable property.

From 1 January 2019, additional duty is imposed on certain acquisitions of residential property by foreign persons.

In most cases, liability for duty arises on the date the document evidencing the transaction is signed. For example, liability for duty on an agreement to transfer dutiable property, such as a contract for sale for the purchase of land, will be when the agreement is first made (i.e. when the contract is signed by all parties). Some transactions may be exempt from duty or eligible for nominal duty.

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Page reviewed 9 March 2020