Transfer duty exemptions

About the exemption

When you buy a property or a property is transferred into your name, you usually have to pay transfer duty. However, there are some exemptions or concessions where a transfer occurs between family members.

If you have already paid transfer duty, but are entitled to an exemption or concession, you may be able to apply for a refund for up to five years.

Transfers between married and de facto partners

You may be exempt from paying transfer duty to transfer residential land if:

• you are transferring land to your spouse or de facto partner
• the transfer will result in you and your spouse or de facto partner owning the property equally – as joint tenants or tenants in common in equal shares
• the property is the family home or vacant land, which you will use as the site of the family home  
• the property is used for residential purposes – not commercial, industrial, or professional purposes.

If you use your property for multiple purposes, such as to live in and run a business, you can’t apply for an exemption. However, you can apply for a concession from transfer duty. This means you will have to pay a lower amount of transfer duty.

Transfers after separation

You may be exempt from paying transfer duty on your matrimonial or relationship property following your relationship breakdown if you are transferring property:

• between you and your ex-partner
• to your, or your ex-partner’s, child or children
• to a trustee for your, or your ex-partner’s, child or children.

Matrimonial or relationship property is property owned by the parties to a marriage, parties in a de facto relationship, or parties in a domestic relationship.

How to apply

Exemptions

To apply for an exemption from transfer duty, you need:

• the original executed transfer document, or a copy of the transfer from the eConveyancing workspace
• copies of your identity documents – to find out what documents you need to provide, see Proof of identity for first home grants and schemes on the Revenue NSW website
• a completed Purchaser/Transferee Declaration – Individual form
• a completed application form:
  • exemption from duty - transfers between married couples and de facto partners form
  • application for exemption or refund – break-up of a marriage or de facto relationship
  • application for exemption or refund – break-up of a domestic relationship.
• a copy of your:
  • financial agreement, court orders or agreement to divide property – break-up of a marriage or de facto relationship
  • court orders or certified termination agreement – break-up of a domestic relationship.

Concessions

To apply for a concession from transfer duty, you need:

• the original executed transfer document, or a copy of the transfer from the eConveyancing workspace
• copies of your identity documents – to find out what documents you need to provide, see Proof of identity for first home grants and schemes on the Revenue NSW website
• a completed Purchaser/Transferee Declaration – Individual form
• a completed concession from duty - transfers between married couples and de facto partners form.

For more information, see Family transfers on the Revenue NSW website.