Transfer Duty Fact Sheet

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.