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Transfer duty

Transfer duty was previously referred to as stamp duty.

Transfer duty must be paid on dutiable transactions for property in Queensland.

It is calculated on the value of the property or the consideration paid.

See rates of duty for current rates.

See definitions for an explanation of terms.

Certain concessions and exemptions are available.

Dutiable transactions

The table below lists the most common transactions that are liable for duty, and when that liability arises.

Note: Duty must be calculated on the GST-inclusive amount when GST is a component of a particular transaction.

Transaction type    When transfer duty arises

Business assets

 On the purchase of a business or the assets of a business in Queensland
Partnerships

On the:

  • formation of a partnership holding dutiable property in Queensland 
  • purchase of an interest in a partnership
  • retirement of a partner where the remaining partners have an increased interest in the partnership

Property (including real estate)

 On the transfer or agreement to transfer property in Queensland
Trusts 

On:

  • the creation or termination of a trust over dutiable property
  • trust acquisitions
  • trust surrenders
Taxi and limousine licences  On the transfer or agreement to transfer a taxi or limousine licence in Queensland

Top call centre questions

Who is liable to pay transfer duty?

All parties to a transaction are liable to pay transfer duty. In most cases, this duty is paid by the purchaser. However, there are some circumstances where the vendor is required to pay (e.g. certain transfers of business and options to puchase).

If duty is not paid by the due date, we will issue a final demand to the party who received the assessment notice. If the duty remains unpaid, we will inform all parties to the transaction that duty must be paid. We may also bring legal proceedings against all parties to recover the debt.

Do I have to pay duty when I buy a boat?

If the boat is sold by itself, it is not subject to duty.

If the boat is sold as part of a package which includes other property on which duty is payable, such as a fishing business, it may be subject to duty.

See sections 29 and 37(3) of the Duties Act 2001.

Will I pay duty on the purchase of 'off the plan' management rights?

No. Management rights are not listed in the definition of a new right, therefore duty does not apply. See section 9(1)(f) of the Duties Act 2001.

If a dutiable property is transferred from a partnership to a company whose shareholders are the partners, is duty still payable?

Yes, the transaction is still a dutiable transaction.

When determining land value, is an easement or a electricity encumberance on land (voltage lines) considered an encumbrance?

No. For the purposes of duties, these are not encumbrances and are taken into account when determining the value of the land. See section 11(7) and 14(1) of the Duties Act 2001.

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Last reviewed 18 June 2009

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