Stamp Duty in NSW: What Buyers Need to Know
Who pays, when it is due, and the first home buyer exemption
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Transfer duty in NSW is paid by the buyer and administered by Revenue NSW. It is calculated on the higher of the price and the market value, and for most buyers it is the biggest cost of the purchase after the price itself.
Optimum Lawyers is a property law firm in Parramatta Square, led by principal solicitor Wisam Assi. We act on purchases, sales, settlements and transfers in every Australian state and territory.

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When NSW duty must be paid
Revenue NSW requires duty to be paid by the earlier of settlement or three months after the contract is signed. Interest is charged on late payments. Buyers of some off-the-plan homes may be able to defer payment for up to a further 12 months. The deferral changes when you pay, not how much.
First Home Buyers Assistance Scheme
| Property | No duty | Reduced duty |
|---|---|---|
| Home, new or existing | Up to $800,000 | Above $800,000 and below $1 million |
| Vacant land to build a home | Up to $350,000 | Above $350,000 and below $450,000 |
These thresholds apply to contracts exchanged from 1 July 2023. At least one buyer must be an Australian citizen or permanent resident, and no buyer or their spouse can have owned residential property in Australia before. For a home, you must move in within 12 months of settlement and live there for at least 12 continuous months. Check the current rules on the Revenue NSW website.
Foreign buyers
Foreign persons buying residential land in NSW pay surcharge purchaser duty of 9% on top of transfer duty, and may also pay surcharge land tax each year.
Transfers within families
Transferring a share of a property to a spouse, a child or a family trust usually attracts duty on the market value, even if no money changes hands. Some transfers between spouses of the home they live in are exempt. Get advice before you sign a transfer. See property transfers.
Buying in NSW from interstate
NSW duty applies to NSW property wherever you live, and the NSW first home buyer scheme requires you to live in the home. If you are buying an investment property, budget for full duty. See stamp duty by state.
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Questions about stamp duty in NSW
When do I pay stamp duty in NSW?
By the earlier of settlement or three months after the contract is signed.
Do first home buyers pay stamp duty in NSW?
Not on a home up to $800,000 if they meet the conditions. Reduced duty applies below $1 million.
Can I defer stamp duty on an off-the-plan purchase in NSW?
Some buyers can defer payment for up to a further 12 months. The amount does not change.
Is there stamp duty on a transfer to my spouse?
Often yes, on the market value of the share transferred, unless an exemption applies.
Related: Stamp duty by state | Interstate conveyancing | Contract of sale review
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