Pay Victorian stamp duty on residential property
Variable rates by purchase price; foreign purchaser surcharge 8%. PPR concession available.
Who must comply
Any individual, company or trustee acquiring an interest in Victorian property, including residential buyers, investors, foreign purchasers (who also pay foreign purchaser additional duty) and parties to transfers by gift, trust or change in beneficial ownership.
What triggers it
Acquiring property or an interest in it, including through a gift, lease, trust, change in beneficial ownership, economic entitlement, land use entitlement or sub-sale.
When due
Before the transfer can be registered, usually at settlement; if duty is not paid within 30 days of settlement, penalty tax and interest may apply. A reassessment for overpaid duty must be sought within 5 years.
Evidence required
Digital Duties Form lodged through Duties Online (required for every property transfer, even if exempt) including any exemption or concession claimed; duty statement from the conveyancer, solicitor or bank; contract and settlement records evidencing dutiable value; eligibility evidence for any concession claimed.
Max penalty
Penalty tax and interest apply to late or unpaid duty and where false or misleading information was given or exemption conditions are not met: penalty tax of 25% of unpaid tax for failing to take reasonable care, 50% for recklessness and up to 75% for intentional disregard (90% if information is hidden), plus interest at 12.43% a year for 2026-27
Who must comply with this? The applicability test by industry, business structure and size.
Summary
Land transfer duty (stamp duty) under the Duties Act 2000 (Vic) is payable by whoever acquires property in Victoria, whether by auction, private sale, gift, lease, trust, change in beneficial ownership, economic entitlement or land use entitlement, and can also arise on sub-sales. Duty must be paid before the transfer can be registered, usually at settlement. It is calculated on a sliding scale on the dutiable value, which is usually the price paid or the market value if higher. Lower principal place of residence rates apply to a home valued at $550,000 or less; general rates apply above that and to investment properties and holiday homes. Foreign purchasers pay additional duty of 8%. Exemptions and concessions cover first home buyers and pensioners (homes up to $750,000), off-the-plan purchases, family farms, transfers between spouses and partners, deceased estates and charities.
Enforced by
Source legislation
Topics
Related
- QLDPay QLD transfer duty on residential propertyQLD transfer duty progressive; foreign acquirer additional duty 8% (from 1 July 2024).
- VICPay Victorian land tax (including absentee owner surcharge)VIC land tax applies on aggregated taxable value above $50K (general) / $25K (trust); absentee owner +4% surcharge.
- NSWPay NSW transfer duty on residential property acquisitionsVariable transfer duty rates; foreign purchaser additional duty 9%.
- VICPay Victorian payroll tax when threshold metVIC: 4.85% on Australian wages above the $1 million tax-free threshold (FY2026-27).
- NSWPay NSW payroll tax when threshold metNSW: 5.45% on Australian wages above the $1.2 million tax-free threshold (FY2026-27).
- QLDPay Queensland payroll tax when threshold metQLD: 4.75% on Australian wages above the $1.3 million tax-free threshold (FY2026-27).
Reading
Frequently asked questions
- Who must comply with Victorian stamp duty on residential property?
- Any individual, company or trustee acquiring an interest in Victorian property, including residential buyers, investors, foreign purchasers (who also pay foreign purchaser additional duty) and parties to transfers by gift, trust or change in beneficial ownership.
- What triggers Victorian stamp duty on residential property?
- Acquiring property or an interest in it, including through a gift, lease, trust, change in beneficial ownership, economic entitlement, land use entitlement or sub-sale.
- When is Victorian stamp duty on residential property due?
- Before the transfer can be registered, usually at settlement; if duty is not paid within 30 days of settlement, penalty tax and interest may apply. A reassessment for overpaid duty must be sought within 5 years.
- What is the maximum penalty for Victorian stamp duty on residential property?
- Penalty tax and interest apply to late or unpaid duty and where false or misleading information was given or exemption conditions are not met: penalty tax of 25% of unpaid tax for failing to take reasonable care, 50% for recklessness and up to 75% for intentional disregard (90% if information is hidden), plus interest at 12.43% a year for 2026-27
- What evidence is required for Victorian stamp duty on residential property?
- Digital Duties Form lodged through Duties Online (required for every property transfer, even if exempt) including any exemption or concession claimed; duty statement from the conveyancer, solicitor or bank; contract and settlement records evidencing dutiable value; eligibility evidence for any concession claimed.
Source: https://sro.vic.gov.au/buying-property/land-transfer-stamp-duty/understanding-land-transfer-stamp-duty. Rules Mate is not a law firm. Always verify against the live regulator source before acting.