When Do You Pay Stamp Duty on Property in NSW?

Property subject to stamp duty – RM Property & Conveyancing
If you’re looking to buy a property in NSW, you’ve probably heard of stamp duty, also known as transfer duty. But what is it, and does it apply to you?
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When Do You Pay Stamp Duty on Property in NSW?

Stamp duty (transfer duty) is due sooner than most buyers expect, and off-the-plan purchases work differently. Here’s the timing, the current rates, and what to budget.

Stamp duty is paid by the buyer to the NSW Government when you purchase a property. It’s due earlier than settlement in most cases, so it needs to be part of your budget from day one, not something you think about once the sale is close.

At a glance

  • Standard rule: duty is due within 3 months of exchange, or by settlement, whichever comes first.
  • Buying off-the-plan to live in? Liability can be deferred up to 12 months, so duty can fall due as late as 15 months after exchange.
  • In NSW, only the buyer pays stamp duty, not the seller.

When does a buyer pay stamp duty on a property?

Stamp duty is due within 3 months of exchanging contracts, or by settlement, whichever happens sooner. If your settlement is quick, say 4 weeks after exchange, that’s when duty is due. If settlement is delayed by several months, duty is still due within the 3-month window from exchange, well before you actually get the keys.

What about buying off-the-plan?

If you’re buying a residential property off-the-plan to live in, the point at which your duty liability arises can be deferred by up to 12 months. The standard 3-month payment window then runs from that date, so duty can fall due as late as 15 months after exchange, or at completion if that happens sooner.

This deferral doesn’t apply to everyone:

  • Vacant land bought off-the-plan still follows the standard 3-month rule.
  • Investment properties don’t qualify, duty is due within 3 months as usual.

To keep the deferral, at least one purchaser needs to move into the home within 12 months of completion and live there as their principal residence for at least 12 continuous months (6 months for contracts exchanged before 1 July 2023). Every purchaser must also be an Australian citizen or permanent resident ordinarily resident in Australia.

Current NSW transfer duty rates

$0 – $18,000 $1.25 per $100 (min. $20)
$18,001 – $38,000 $225 + $1.50 per $100 over $18,000
$38,001 – $103,000 $525 + $1.75 per $100 over $38,000
$103,001 – $387,000 $1,662 + $3.50 per $100 over $103,000
$387,001 – $1,290,000 $11,602 + $4.50 per $100 over $387,000
Over $1,290,000 $52,237 + $5.50 per $100 over $1,290,000

For example, an $800,000 property works out to $30,187. Premium property duty applies above $3,870,000, at $194,137 plus $7.00 per $100 over that threshold. Thresholds and rates are indexed and can change, always confirm the current figures with your conveyancer or the Revenue NSW calculator.

Duty is calculated on whichever is higher, the price you paid or the property’s current market value.

Are you eligible for an exemption or concession?

If you’re a first home buyer, you may qualify for a full exemption or a reduced rate under the current thresholds. See our First Home Buyers Assistance guide for the current numbers. Revenue NSW’s calculator will also flag any grants or concessions you might be eligible for, let your conveyancer know what you find so they can act on it.

Do you pay stamp duty when you sell a house?

No. In NSW, only the buyer pays stamp duty. As a seller you may have other tax considerations, particularly around capital gains tax on an investment property, worth discussing with your accountant.

Myth

“Transferring property to my spouse or buying from a family member is duty-free.”

Fact

A transfer between married or de facto partners is exempt only where the property is the family home or intended vacant land for it. Buying from a family member is treated the same as buying from a stranger, duty applies, and Revenue NSW requires an independent valuation rather than an agent’s appraisal.

We calculate exactly what you’ll owe and when, so there are no surprises before settlement.

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Rates and thresholds sourced from Revenue NSW, current as at September 2026. These figures are indexed and change over time, always confirm before relying on them.

Need help?

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We help customers in Newcastle, Maitland, Central Coast and across NSW.

Call us on 02 4018 7555 or get a quote online.

If you’re looking to buy a property in NSW, you’ve probably heard of stamp duty, also known as transfer duty. But what is it, and does it apply to you?

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