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Concessions for homes

See home concession rates for current rates of duty.

Companies and trustees are not eligible to claim home/first home concessions or first home vacant land concessions, except in specific circumstances.

Home/first home concession

Home concession

You can claim a home concession if you:

  • buy a home and move into it within one year of the date of transfer
  • live in the home as your principal place of residence
  • do not sell, transfer, lease or otherwise grant exclusive possession of part or all of the home to another person(s) before moving in or within one year of the date you move in.

First home concession

If you have never owned a home before, you may be entitled to a ‘first home’ concession (which is greater than the home concession).

You can claim a first home concession if you:

  • buy a home and move into it within one year of the date of transfer
  • live in the home as your principal place of residence
  • do not sell, transfer, lease or otherwise grant exclusive possession of part or all of the home to another person(s) before moving in or within one year of the date you move in
  • have never held an interest in residential land anywhere in the world
  • are at least 18 years of age (we may waive this requirement in special circumstances).

Claim a home/first home transfer duty concession—Form 2.1 (PDF 290 K) 

Note: The concession does not apply to any part of the land on which you gain an income.

First home vacant land

You can claim a first home vacant land concession if:

  • you buy vacant land after 1 January 2007
  • you are at least 18 years of age
  • you have never held an interest in residential land (whether in Queensland or elsewhere)
  • the home to be constructed on the vacant land will be your first home
  • there will only be one home constructed on the vacant land
  • there was no building, or part of a building, on the land when you bought it
  • you have not received a first home vacant land transfer duty concession before
  • you build and occupy your first home as your principal place of residence within 2 years after the land is transferred to you
  • you do not dispose of the land before, or within 1 year after you start living in the constructed residence.

Claim a transfer duty concession first home vacant land—Form 2.7 (PDF 275 K) 

Losing the concession

Note: The residency requirements for the first home owner grant are different to those of the first home and first home vacant land concessions.

You will lose the concession if you:

  • do not occupy the home as your principal residence within 1 year of the transfer date (home/first home concession only)
  • do not occupy the constructed residence as your principal residence within 2 years after the transfer date (first home vacant land concession only)

or

  • dispose of all or part of the land or home (by transfer, lease or granting exclusive possession in another way)
    • before occupying the residence

      or

    • within 1 year of occupying it as your home.

Note: Entering into a retirement village leasing arrangement does not constitute 'disposing' of your land.

You must give us (within 28 days of becoming ineligible):

We will then reassess your transfer duty liability. You may also have to pay unpaid tax interest and penalty tax (depending on your circumstances).

Exceptions

Companies and Trustees

Companies are not eligible to claim home/first home transfer duty concessions or first home vacant land concessions.

Trustees who occupy a home as their principal place of residence are not eligible for the concession unless the:

  • transferees are trustees of a trust (other than a discretionary or unit trust)
  • beneficiaries are individuals, all of whom are under a legal disability

    and

  • residence would be the home of all the beneficiaries if they were the transferees of the land.

Keeping the concession

You might not lose the concession if you:

  • lease part or all of the home to the vendor or an existing tenant before you occupy it, as long as they move out when their current lease expires or within 6 months of the transfer date, whichever happens first

    or

  • are unable to occupy—or dispose of—the home because of an intervening event such as a natural disaster, incapacity or death. You must apply to us for a determination if this happens.

You will not lose the concession if you occupy the home, then leave it vacant, but do not dispose of the property until the 1 year residency requirement has been satisfied.

See Public Ruling DA085.1—Concession for homes and first homes—occupancy requirements for more information.

Top call centre questions

I am buying a property with a home on it. On settlement, I will demolish the home and build a new one. Once the new home is built I will move into it. Am I entitled to the home concession on the home I am buying?

No. As you will not be moving into the home that you are buying, you will not be entitled to the concession.

Gary transfers a home to Linda. Linda claims the home concession. Linda then grants a life interest over the property to Gary who will live in the property. Can Gary claim the home concession?

No. The home concessions apply to dutiable transactions that are transfers or agreements to transfer a home, see section 85 of the Duties Act 2001. A life interest in the home is not a transfer or agreement to transfer a home.

Also, if Linda grants the life interest to Gary within 12 months, she may be liable for a reassessment of duty under section 153.

A father and his son buy a large property which has two homes on it. The father will live in one of the homes and his son will live in the other. Are they both entitled to claim a home concession and if so, how is the concession calculated?

Both the father and his son are entitled to the concession. The concession is calculated under section 93(2) and (4) of the Duties Act 2001.

Is there any exemption where dutiable property is transferred under a will or testamentary trust?

Yes. See section 124 of the Duties Act 2001.

Is there an exemption where a dutiable transaction is made to correct an error in a previous dutiable transaction?

Yes. See section 152 of the Duties Act 2001 and Private Ruling DA152.1—Correcting a clerical error in a previous transfer.

Is there an exemption for the retirement or appointment of a new trustee?

Yes. See section 117 of the Duties Act 2001.

Is there an exemption for the transfer of a residence between husband and wife or de factos?

Yes. See section 151 of the Duties Act 2001.