Stamp Duty Law QLD Guide 2024 – An Overview of how to avoid a costly mistake

Understanding Stamp Duty

Stamp duty, also known as transfer duty, is a tax levied by state and territory governments in Australia on specific transactions, such as property purchases or land transfers. The amount of stamp duty payable varies based on the transaction’s value and the state or territory where it occurs.

When buying property, stamp duty is typically calculated as a percentage of the purchase price and is paid by the buyer. Rates can differ significantly between states and territories, with exemptions or concessions available for certain transactions, like first home purchases or off-the-plan properties.

Stamp Duty in Queensland

In Queensland, stamp duty is typically paid by the property buyer within 30 days of the transaction’s unconditional date or transfer. However, exemptions or reduced rates may apply in some cases, such as property transfers as gifts or part of a divorce settlement. Consulting a conveyancer or solicitor can help clarify any applicable exemptions or concessions.

Stamp duty in Queensland is calculated based on the property’s value and is payable by the buyer. Rates vary depending on factors like whether the property will be a primary residence or an investment.

As of 2023, stamp duty rates for residential property purchases in Queensland are as follows:

Dutiable Value | Duty Rate

Not more than $5,000 | Nil More than $5,000 up to $75,000 | $1.50 for each $100, or part of $100, over $5,000 $75,000 to $540,000 | $1,050 plus $3.50 for each $100, or part of $100, over $75,000 $540,000 to $1,000,000 | $17,325 plus $4.50 for each $100, or part of $100, over $540,000 More than $1,000,000 | $38,025 plus $5.75 for each $100, or part of $100, over $1,000,000

Stamp Duty and Conveyancers

Conveyancers do not include stamp duty in their fees. It is the buyer’s responsibility to pay stamp duty to the Queensland Government. However, conveyancers can assist buyers in determining the amount and due date of stamp duty, completing required forms, and facilitating the payment process.

Exemptions and Benefits

Several situations may exempt individuals from paying stamp duty in Queensland, including first home purchases, family transfers, certain businesses, or specific transactions like property transfers from deceased estates to beneficiaries. Eligibility for exemptions or concessions depends on individual circumstances and current legislation.

Seller’s Responsibilities

Sellers are not required to pay stamp duty upon receiving a contract of sale. In Queensland, the buyer pays stamp duty based on the property’s purchase price within 30 days of the contract becoming unconditional or the ownership transfer.

Benefits of Experienced Conveyancing Firms

Engaging an experienced conveyancing firm can offer several advantages, including expert advice on exemptions or concessions, reduced risk of errors, a streamlined process, and access to technology for efficient payments.

Stamp Duty Payments via PEXA

Stamp duty can be paid as part of a PEXA settlement, an electronic platform facilitating property transactions. This integration simplifies the payment process, ensuring timely and accurate settlements.

Local Council Considerations

Stamp duty rates in Queensland do not typically vary based on the property’s local council area. However, additional charges or levies imposed by local councils, like infrastructure fees or change of ownership charges, are separate from stamp duty.

Government Department Responsible for Stamp Duty

In Queensland, stamp duty is charged by the Office of State Revenue, responsible for administering state taxes and duties, processing payments, and maintaining transaction records.

Stamp Duty in NSW & QLD

Stamp duty in New South Wales (NSW) follows a similar structure to Queensland, with rates based on property value and buyer responsibility for payment. Rates and exemptions differ between owner-occupied and investment properties.

This is general advice only for specific legal advice contact your legal representative.