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Property Law: Property Transfer Duty Concessions Explained

One of the few most frequently asked conveyancing questions we get from property Buyers is ‘what is property transfer duty’? and ‘How much transfer duty do I have to pay?’.

Firstly, transfer duty (once known as stamp duty) is a form of tax paid to the Queensland Government (through the Office of State Revenue) by purchasers on transactions relating to property.

Property transfer duty is calculated on either the purchase price of the property, or the market value of the property, whichever amount is higher. However, the amount of transfer duty payable will vary depending on whether the Buyer is eligible for a transfer duty concession.  

Eligibility requirements for transfer duty concessions

A transfer duty concession can only be claimed under Property Law by purchasers who are at least 18 years of age, are an Australian citizen or permanent resident, and if one of the following circumstances apply:

  1. You are purchasing your very first home; or
  2. You are purchasing vacant land which you will build your first home on; or
  3. You are purchasing a house or unit which will become your primary place of residence.

Stamp Duty Concessions Guide

1.First Home Concession

To be eligible for the first home concession, you must have never owned property anywhere in the world. You must also:

  • move into and live on the property for at least 12 months following settlement; and
  • not dispose all, or part of the property within this period. The term ‘Dispose’ includes selling, transferring or leasing the property and renting out any rooms in the house even after you move in. This means that you cannot buy the property, rent it out for a while and then move in, still within the 12-month period. However, the rules are different (and a concession may still apply) if you buy a property with a pre-existing lease.

If you are purchasing your very first property for less than $550,000.00, and the eligibility requirements above apply – then the property transfer duty payable under Property Law will be $0.00. If the property is worth over this amount, then you will not be eligible for a first home concession, but you may be eligible for a home concession (see below).

2.First Home Vacant Land Concession

If you are purchasing vacant land to build your very first home on, then you will be eligible for the first home vacant land concession if:

  • Once the house is constructed on the land, you move into the home as your primary place of residence within two years following settlement; and
  • Not dispose (see above for a definition) all, or part of the property within 12 months following occupation of the home constructed on the land.  

If you are purchasing vacant land for less than $400,000.00, and the eligibility requirements above apply – then the property transfer duty payable will be $0.00.

Importantly, you cannot buy a pre-existing house, knock it down and build a brand new house AND claim the concession. The concession only applies if you are buying vacant land to start with.

  1. Home Concession

The home concession on property transfer duty allows you to claim a concession even when you have owned property before. Similar to the first home concession, to be eligible for the home concession you must:

  • Move into the house and live on the property for at least 12 months following settlement; and
  • Not dispose all, or part of the property within this period.

The home concession allows you to pay a reduced amount of transfer duty, saving you up to $7,175.00.

First home owners will be eligible for the home concession if they purchase property worth over $550,000.00.

Get in touch with our NAMbour conveyancing lawyers for advice specific to your situation 

Every Buyer’s circumstances will differ and you may need specific property conveyancing legal advice from property conveyancing solicitors if you don’t cleanly fall into these categories. Further, there are strict eligibility requirements for transfer duty concessions imposed by the Office of State Revenue. If you make a false declaration, you can be charged extra duty and penalties.

To make sure that you are taking advantage of the best concession for you, feel free to contact the Sunshine Coast conveyancing solicitors from Butler McDermott Lawyers Property Law team in Nambour for a confidential discussion.

This article is not intended to advise you in relation to your specific circumstances and should be used as a general guide only.

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Peter Boyce


Peter has been practising as a Nambour Solicitor since 1977 and joined Butler McDermott Lawyers the same year.

With over 40 years practicing as a Sunshine Coast lawyer, Peter has extensive knowledge of various facets of law.

He has practised in all areas of litigation and has special interests in:

  • Criminal law
  • Civil and Commercial litigation
  • Retirement Village matters
  • Sports law
  • Resumption of land and compensation claims


Peter has specialised knowledge of and experience with resumption matters as a result of the Traveston Dam project, road corridors, Main Roads and water pipeline. He is renowned for his professional approach and is an experienced and determined advocate.

Brent King


Brent works as a litigation lawyer, providing litigation legal advice in relation to both civil and criminal law matters, including:
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  • Contract and Debt Disputes
  • Building and Construction Disputes
  • Planning Matters
  • Criminal Law and Traffic Legal Matters
Having grown up on the Sunshine Coast and joining Butler McDermott after the completion of his studies, Brent appreciates the needs of our clients, and brings a particularly commercial approach to litigation. Brent is a member of the Queensland Law Society and the Sunshine Coast Law Association, and has litigated a wide variety of matters in the Magistrates, District and Supreme Courts.

Al Upton


After arriving at Butler McDermott Lawyers in 2016, Al quickly progressed to running our Wills and Estates section and has successfully litigated disputes in the Supreme and District Courts of Queensland in the early stages of his career.

In the years that followed Al has now moved to assist our clients with commercial and property matters having achieved positive outcomes in that area as well as general litigation. Al’s experience has him uniquely placed to provide quality advice in the areas of property, commercial, wills and estates and general litigation.

Al is involved in giving back to the community, sitting on the board for the Daniel Morcombe Foundation and Sundale Community Foundation. He otherwise became a director of Butler McDermott Lawyers in November 2021.