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Pay QLD transfer duty on residential property

QLD transfer duty progressive; foreign acquirer additional duty 8% (from 1 July 2024).

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Who must comply

Parties to a dutiable transaction over Queensland dutiable property, in practice the purchaser or transferee, including companies and trustees. Transfers between related legal entities (for example from a company to its owner) are also dutiable. Foreign persons acquiring residential land are additionally liable for AFAD.

What triggers it

Entering into a dutiable transaction in Queensland, such as signing a contract to buy land, a transfer of dutiable property, a trust acquisition or a partnership acquisition (Duties Act 2001 s 9). Duty is nil where the dutiable value is not more than $5,000.

When due

Documents must be lodged within 30 days of when the liability arises, usually the date the contract is signed or becomes unconditional. Duty is then paid by the due date on the QRO assessment notice, and documents are stamped before settlement and registration.

Evidence required

Signed contract; Form D2.2 transfer duty statement; any concession or exemption forms and supporting evidence; QRO assessment notice and stamped documents; for self-assessing solicitors or conveyancers, QRO Online lodgement records.

Max penalty

Late lodgement or late payment can result in penalty tax and unpaid tax interest (QRO). A home concession carries obligations after it is claimed, and disposing of the home can affect the concession, leading to reassessment of the duty

Who must comply with this? The applicability test by industry, business structure and size.

Summary

Transfer (stamp) duty under the Duties Act 2001 (Qld) applies when a person enters into a dutiable transaction in Queensland, such as a transfer of, or agreement to transfer, land and residential property. Documents must be lodged with Queensland Revenue Office (QRO), assessed and stamped; generally a transfer of land cannot be registered until it has been stamped. General rates rise on a sliding scale to $38,025 plus $5.75 per $100 over $1,000,000. Owner-occupiers may claim one of four home concessions, including a full first home (new home) concession for contracts dated 1 May 2025 or later. Foreign persons, including companies and trusts, pay additional foreign acquirer duty (AFAD) of 8% on acquisitions of residential land. Both parties are usually liable, but the purchaser usually pays.

Enforced by

Source legislation

Topics

taxdutiesstateqldresidential

Related

Frequently asked questions

Who must comply with QLD transfer duty on residential property?
Parties to a dutiable transaction over Queensland dutiable property, in practice the purchaser or transferee, including companies and trustees. Transfers between related legal entities (for example from a company to its owner) are also dutiable. Foreign persons acquiring residential land are additionally liable for AFAD.
What triggers QLD transfer duty on residential property?
Entering into a dutiable transaction in Queensland, such as signing a contract to buy land, a transfer of dutiable property, a trust acquisition or a partnership acquisition (Duties Act 2001 s 9). Duty is nil where the dutiable value is not more than $5,000.
When is QLD transfer duty on residential property due?
Documents must be lodged within 30 days of when the liability arises, usually the date the contract is signed or becomes unconditional. Duty is then paid by the due date on the QRO assessment notice, and documents are stamped before settlement and registration.
What is the maximum penalty for QLD transfer duty on residential property?
Late lodgement or late payment can result in penalty tax and unpaid tax interest (QRO). A home concession carries obligations after it is claimed, and disposing of the home can affect the concession, leading to reassessment of the duty
What evidence is required for QLD transfer duty on residential property?
Signed contract; Form D2.2 transfer duty statement; any concession or exemption forms and supporting evidence; QRO assessment notice and stamped documents; for self-assessing solicitors or conveyancers, QRO Online lodgement records.

Source: https://qro.qld.gov.au/duties/transfer-duty/calculate/rates/. Rules Mate is not a law firm. Always verify against the live regulator source before acting.