What is Stamp Duty?

Stamp duty (also known as transfer or general duty) is a tax on certain written documents (instruments) and transactions. Stamp duty varies from state and territory.

What transactions are applicable to Stamp Duty?

    Some of the transactions which are taxed include:

  • motor vehicle registration and transfers
  • insurance policies
  • leases and mortgages
  • hire purchase agreements
  • transfers of property (such as businesses, real estate or certain shares).

Please note that this is a general non-exhaustive list.. As it is a state and territory tax the type of instruments and rate vary.

StateTransfer of BusinessSales of Shares
ACT$27,100 + $6.50 per $100, that the value exceeds $750,000Duty is charged at: 60 cents per $100 or part thereof of the total value of the marketable securities, or $20
NSW$8,990 + $4.50 per $100 that the value exceeds $300,000Duty is charged at 60 cents per $100, or part of $100, of the dutiable value of the shares or units. A minimum duty of $10 per transfer applies.
NTWhen the dutiable value exceeds $525 000, but is less than $3 million Stamp Duty rate will be 4.95 per cent of that amount.N/A
QLD$17,325 + $4.50 for each $100, or part, by which the dutiable value exceeds $540,00N/A
SA$21 330 + $5.50 for every $100, or part, by which the dutiable value exceeds $500 000Duty is charged at 60 cents per $100 or part of $100, of the dutiable value of the shares or units.
TAS$27,810 + $4.50 for every $100, or part, by which the dutiable value exceeds $725 000 *This apply to transfers of dutiable propertyGenerally duty is not applicable to transfer of shares. However there are two exceptions to which duty would be applicable: if the shares are in a Land Rich Corporation; or if the shares are in a company, or are units in a unit trust, that gives the owner the right to occupy land or property in Tasmania (ie a land use entitlement). In this situation you must complete an Acquisition of Land Use Entitlement through Shares or Units statement.
VICWhen more than $960,000 5.5 per cent of the dutiable valueN/A
WA$19,665 + $5.15 per $100, or part, by which the dutiable value exceeds $500,000N/A

*figures are based on an approx amount of $300,000 – $1m and should not be relied upon.

Concessions or Exemptions

There are certain concessions and exemptions applicable depending on the nature of the transaction. However for transfer of business, lease or sale of shares there are no concessions or exemptions which apply.

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Jackie Olling

Jackie is the Content Manager at LawPath and manages the content team. She has a Law/Arts degree from Macquarie University and has worked in the legal industry since 2014. She's interested in legal tech and the opportunities it offers to not only the legal industry, but all people.