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Even though the following transactions are exempt from duty, they must still be stamped. Please complete a Dutiable transaction statement—transfer duty—Form 2.2 (PDF 410 K) to claim the exemption.
Particular residences
We will not charge duty on a transfer or agreement to transfer an interest in residential land if the following conditions are met:
- the transfer is by way of gift
- the transfer is from one party of a subsisting marriage or de facto relationship to the other party of the marriage or de facto relationship
- after the transfer, the residential land will be owned by the parties as joint tenants, or tenants in common in equal shares
- the residence will be the principal residence of the parties.
See section 151 of the Duties Act 2001 (the Act) for more information.
Change of tenure
We will not charge duty on a transfer or agreement to transfer relating to a change in the registered ownership of the property if the:
- change is from joint tenants to tenants in common or vice versa
- value of the co-owners’ interests do not change as a result of the transfer.
See section 143 of the Act for more information.
Manufactured homes
We will not charge duty on the transfer or agreement for the transfer of a manufactured home if:
- the manufactured home is positioned on a site under a site agreement
or
- the manufactured home is not positioned on a site but:
- has been acquired for positioning on a site under a site agreement
- the transfer or agreement does not involve the vendor’s agreement for the transfer of ownership of land.
See section 138 of the Act for more information.
Building units, group and community titles
Building units and group titles plans and community titles schemes
We will not charge transfer duty on transfers of lots under the Body Corporate and Community Management Act 1997 if:
- the transferor is a corporation
- the corporation is the original owner for the scheme
- the transferee had a right to occupy the lot immediately before surrendering their shares
- the lot was used for residential purposes before the transfer and will continue to be used for residential purposes after the transfer.
See section 133 of the Act for more information.