Transfer duty in Queensland — most people still call it stamp duty — is usually the second-largest amount you pay after the property itself. It is a Queensland state tax, collected by the Queensland Revenue Office (QRO) under the Duties Act 2001, and it is completely separate from the federal FIRB application fee.
The sum works out very differently from five years ago. Since 1 May 2025, a first home buyer purchasing a new home in Queensland can have the duty reduced to nil, with no cap on the value of the home. And from 1 August 2026, Queensland added a citizenship or residency condition that many temporary-visa holders are not aware of. Every figure below was checked against qro.qld.gov.au and legislation.qld.gov.au on 3 September 2026.
The short version: transfer duty in Queensland is charged on a sliding scale against the “dutiable value” — the contract price or the market value, whichever is higher. A first home buyer who signed a contract on or after 1 May 2025 for a new home nobody has lived in, or for vacant land to build a first home on, pays no duty and there is no value cap. But for contracts entered into on or after 1 August 2026, the person claiming the concession must be an Australian citizen, a permanent resident or a specified foreign retiree at the date the duty liability arises, and must move in within 1 year (a home) or 2 years (vacant land), with no extensions available.
What transfer duty in Queensland is, and who pays it
Transfer duty applies to a “dutiable transaction” involving “dutiable property”. Under section 10 of the Duties Act 2001, dutiable property includes land in Queensland, a transferable site area, an existing right, a business asset and a chattel in Queensland.
The buyer is the one who pays. QRO states that the liability arises when the contract is signed or becomes unconditional — not at settlement. The amount is calculated on the dutiable value: the market value or the amount you have agreed to pay, whichever is higher.
Three sets of costs are easy to run together and are worth separating. Transfer duty is a Queensland state tax. FIRB application fees and the annual vacancy fee are federal charges. Additional foreign acquirer duty (AFAD) is a Queensland duty again, under the same Duties Act 2001. All three can apply to a single transaction.
The transfer duty rates that currently apply
Queensland runs two rate tables side by side. The general rate applies to investors, to commercial property, and to any transaction that does not qualify for a concession.
| Dutiable value | Transfer duty at the general rate |
|---|---|
| Not more than $5,000 | Nil |
| More than $5,000 up to $75,000 | $1.50 for each $100, or part of $100, over $5,000 |
| $75,000 to $540,000 | $1,050 plus $3.50 for each $100, or part of $100, over $75,000 |
| $540,000 to $1,000,000 | $17,325 plus $4.50 for each $100, or part of $100, over $540,000 |
| More than $1,000,000 | $38,025 plus $5.75 for each $100, or part of $100, over $1,000,000 |
The home concession rate applies to buyers purchasing a home to live in, including a second or third home.
| Purchase price / value | Duty at the home concession rate |
|---|---|
| Not more than $350,000 | $1.00 for each $100, or part of $100 |
| More than $350,000 to $540,000 | $3,500 plus $3.50 for every $100, or part of $100, over $350,000 |
| $540,000 to $1,000,000 | $10,150 plus $4.50 for every $100, or part of $100, over $540,000 |
| More than $1,000,000 | $30,850 plus $5.75 for every $100, or part of $100, over $1,000,000 |
The gap between the two tables is what you save. On a $700,000 home: $24,525 at the general rate, $17,350 at the home concession rate — a difference of $7,175.
A first home buyer purchasing an established home pays no transfer duty at all where the value of the home is $700,000 or less. From $700,000.01 to $799,999.99 the concession tapers in bands of roughly $10,000 — a $730,000 home, for example, leaves $6,555 payable (duty of $18,700 at the home concession rate, less a $12,145 concession). From $800,000 the first home concession no longer applies and only the ordinary home concession rate remains. Measured against the general rate, the maximum saving is $24,525.
A full exemption for new homes: the first home (new home) concession
For eligible transactions entered into on or after 1 May 2025, the first home (new home) concession reduces transfer duty to nil, and there is no value cap. The legal basis is section 92A of the Duties Act 2001.
The contract date is what decides it. QRO confirms that a contract signed before 1 May 2025 that settles after that date does not attract this concession, and that cancelling an earlier contract in order to re-sign is caught by anti-avoidance provisions.
What QRO counts as a “new home”
A new home is one that has not been previously occupied or sold as a place of residence, or a “substantially renovated” home in a narrow sense: the sale must be a taxable supply of new residential premises under section 40-75(1)(b) of the federal A New Tax System (Goods and Services Tax) Act 1999.
QRO sets out two traps by example. Buying an established home and renovating it yourself does not make it a new home. Buying an established home to knock down and rebuild does not either, because the transaction you signed was the purchase of an established home. In both cases only the ordinary first home concession can be considered.
The full eligibility list — every line of it
According to the QRO first home (new home) concession page, you must:
- be legally acquiring the property as an individual (not a company, except a corporate trustee in narrow circumstances);
- for transactions entered into on or after 1 August 2026 — be an Australian citizen, a permanent resident or a specified foreign retiree;
- have never claimed the first home vacant land concession on any other property;
- have never held an interest in a residence anywhere — in Australia or overseas — including a home held jointly, a mortgaged home, or a home in another country;
- be at least 18 years old;
- move in with your personal belongings and live there on a daily basis within 1 year of settlement — QRO states this cannot be extended;
- continue to meet the obligations that apply after the concession is claimed (see the reassessment section below);
- pay market value — receiving the property as a gift or buying below market value costs you the concession;
- provide a vendor statement from the seller confirming the home has not been previously occupied or sold as a place of residence; QRO does not require one for residential off-the-plan purchases.
The fourth line is where buyers are most often ruled out without realising it. If you have ever held even a small share in a home overseas, the paperwork should be reviewed by a solicitor before you sign; QRO also recommends independent legal advice where the form of ownership is unclear.
| Value of the new home | General rate | Home concession rate | First home (new home) |
|---|---|---|---|
| $650,000 | $22,275 | $15,100 | $0 |
| $850,000 | $31,275 | $24,100 | $0 |
| $1,230,000 | $51,250 | $44,075 | $0 |
One limit that is rarely mentioned: the concession applies to residential land only. Land that is not used as a residence — agricultural or commercial land, or a second dwelling on the same lot that you do not live in — is still assessed at the general transfer duty rate. QRO gives an example of a $1,750,000 property made up of $1,000,000 of residential land and $750,000 of non-residential land, with duty payable of $43,125.
The citizenship condition from 1 August 2026
The Queensland State Budget 2026-27, handed down on 23 June 2026, introduced a new condition covering the whole home concession group, and it is now law: the Revenue (Cost of Living Relief Locked-in Law) and Other Legislation Amendment Act 2026 (Act No. 16 of 2026), with Part 2 commencing on 1 August 2026.
The Act inserts a new section 90A into the Duties Act 2001. A “specified resident” is an Australian citizen, a permanent resident, or a specified foreign retiree as defined in section 246(2) — a narrow group covering holders of a Subclass 405 or 410 visa and certain people who lodged a Subclass 103 or 143 application from 8 May 2018.
The condition is added to all four of sections 91, 92, 92A and 92B. It is tested at the date the transfer duty liability arises — in practice the contract date, not the settlement date, and not the date permanent residency is granted afterwards.
What follows from that: a temporary-visa holder who is not an Australian citizen, permanent resident or specified foreign retiree, and who signs a contract on or after 1 August 2026, does not receive any home concession — including the ordinary owner-occupier rate — and is assessed at the general rate. Your visa status at the expected contract date should be confirmed with a solicitor and a registered migration agent, within the scope of their registration, before you pay a deposit.
Where only one buyer qualifies: QRO gives an example in which the eligible buyer takes a 75% share and claims the concession on that share, while the other buyer takes 25% and is assessed full transfer duty plus AFAD. The “mixed and multiple claims” mechanism in sections 93, 93A and 93B allows the split.
House and land on two contracts: what is duty charged on?
The answer sits in section 10 of the Duties Act 2001: dutiable property is land in Queensland. A building contract with a builder is a contract for construction services on land you already own, not a transfer of dutiable property.
| Purchase structure | Duty charged on | Concession that applies | Move-in deadline |
|---|---|---|---|
| Two contracts: a land contract plus a building contract with the builder | The land value only | First home vacant land concession (s 92B) | 2 years from land settlement |
| One contract: a completed new home, or off-the-plan handed over on completion | The whole contract price (house and land) | First home (new home) concession (s 92A) | 1 year from settlement |
The two-contract structure carries its own chain of conditions, and each one is a real place where the concession can be lost.
Five traps in the first home vacant land concession
- The land has to be genuinely vacant. Section 86C defines vacant land as land with no building, or part of a building, on it at the time the transfer to you takes effect. A lot with a slab poured, a frame standing, or an old structure not yet fully demolished falls outside that definition.
- Only one residence may be built on the lot.
- Two years is a hard deadline. The home must be built and you must move in with your personal belongings and live there daily within 2 years of settlement; QRO states plainly that this cannot be extended, and construction delays are not a ground for relief.
- Claiming this one rules out the other two. Both the first home concession and the first home (new home) concession require that you have never claimed the first home vacant land concession; only one type can be claimed per property.
- Non-residential land is still taxed. From 1 May 2025, duty is calculated on the whole lot at the general rate and then reduced by the amount attributable to the residential vacant land. QRO gives an example of a $952,000 lot made up of $802,000 of residential land and $150,000 of non-residential land, with duty payable of $6,750.
One further technical point: signing two contracts for two adjoining lots where the contracts are linked triggers aggregation under section 30 of the Duties Act 2001, and duty is assessed on the combined value. Because the rates are progressive, the aggregated amount is higher than assessing each lot separately, and the provision is mandatory.
Settling on a particular contract structure is work for a solicitor, not for a real estate agent. If you are comparing two-contract builds, our house and land packages in Brisbane page sets out how the stock is put together. Nextstar Realty does not provide legal advice.
The move-in obligation, and when duty is reassessed
A Queensland transfer duty concession is not finished business once it is granted. QRO calls this part “obligations after you claim” — breach them and the transaction is reassessed, meaning duty is recalculated without the concession.
| What you do | Before you move in | After you have moved in |
|---|---|---|
| Sell or transfer all or part of the property | Not allowed — the concession is lost | Selling within 1 year of moving in may leave only a partial concession |
| Lease out or grant exclusive possession of the whole property | Not allowed — the concession is lost | Not allowed within 1 year of moving in |
| Rent out part of it (a room, a granny flat) | Not allowed — the concession is lost | Allowed where the tenancy agreement starts on or after 10 September 2024 and you continue to live there |
| Fail to move in by the deadline | 1 year for a home | 2 years for vacant land — no extensions |
If any of the above applies to you, you have an obligation to notify QRO yourself using Form D2.4. After reassessment, on top of the shortfall you may also have to pay unpaid tax interest and penalty tax.
An easy detail to confuse: the rules on renting out a room are not the same for the first home owner grant and for the duty concession. QRO states that the grant allows you to rent out a room or a granny flat while you continue to live there, but depending on when the tenancy agreement starts, doing so can still cost you the duty concession.
When transfer duty is due: the 30-day and 14-day marks
The deadline runs from the liability date, which is usually the contract date rather than the settlement date:
- Lodging yourself: lodge within 30 days of the liability date; where there is no contract, the 30 days run from when the last party signs the transfer. QRO issues an assessment notice setting out the amount and the due date, usually within 30 days of the notice date.
- Through a registered self assessor (typically your solicitor): they lodge online within 30 days of the liability date, and the duty is payable within 14 days after that.
Documents must be assessed and stamped before the transfer can be completed, and most lenders require a stamped transfer at settlement. QRO recommends having documents stamped early where finance is involved, rather than leaving it until close to settlement.
A note on terminology: in New South Wales and Victoria you will hear the word “conveyancer”. In Queensland, contract and transfer work is handled by a solicitor, and who is qualified to act for you in a given state should be confirmed with the relevant legal professional, within the scope of their registration.
No permanent residency yet: AFAD adds 8%
Queensland also charges additional foreign acquirer duty (AFAD) where a foreign person acquires AFAD residential land, applying to transactions from 1 October 2016. The QRO AFAD page gives the current rate as 8%, added to the transfer duty rather than replacing it. Which of the projects we sell a foreign buyer may acquire is a separate question again, governed by federal FIRB rules.
Combined with the specified resident condition: a foreign buyer signing a contract for an $850,000 new home on or after 1 August 2026 is assessed $31,275 at the general rate, plus $68,000 in AFAD ($850,000 × 8%) — $99,275 in total, compared with $0 if the same home were bought by a first home buyer who is a citizen or permanent resident. These figures follow the rate tables and the AFAD rate published by QRO.
AFAD is a state duty and is entirely separate from the federal FIRB and vacancy fee obligations. Whether you are a “foreign person” under the Duties Act 2001 is a question for a solicitor rather than for an agent.
The four Queensland transfer duty concessions at a glance
| Concession | Applies to | Threshold | Result | Move-in deadline |
|---|---|---|---|---|
| First home (new home) — s 92A | A new home nobody has lived in, or substantially renovated, bought as a first home; contract from 1 May 2025 | No cap | $0 on the residential land component | 1 year |
| First home vacant land — s 92B | Vacant land to build a first home on; contract from 1 May 2025 | No cap | $0 on the residential vacant land component | 2 years |
| First home concession — s 92 | A first home that is not a new home | Under $800,000 | Home concession rate less up to $17,350 | 1 year |
| Home concession — s 91 | A second or later home, to live in | No cap | Assessed at the home concession rate | 1 year |
All four require the claimant to be a specified resident at the date the duty liability arises, for transactions entered into on or after 1 August 2026.
These are duty concessions, which are different from the first home owner grant — a Queensland cash grant currently set at $30,000 for contracts signed on or after 20 November 2023, where the value of the new home is less than $750,000. Under Act No. 16 of 2026, Part 3, the grant stays at that level for contracts signed from 1 July 2026 rather than reverting to $15,000 as previously scheduled. The two programs have separate eligibility rules and both can be claimed.
Frequently asked questions
On a two-contract house and land purchase, is duty charged on the build?
Under section 10 of the Duties Act 2001, dutiable property is land in Queensland; a building contract with a builder on land you already own is not a transfer of dutiable property. In a two-contract structure, transfer duty is assessed on the land value, and the matching concession is the first home vacant land concession with its 2-year move-in deadline. The specific contract set should be reviewed by a solicitor before signing.
Can I claim a Queensland duty concession on a 482 visa?
For contracts entered into on or after 1 August 2026, the claimant must be an Australian citizen, a permanent resident or a specified foreign retiree under section 90A of the Duties Act 2001 — a Subclass 482 visa is not in any of those three groups. The condition is tested at the date the duty liability arises, that is the contract date, so being granted permanent residency after signing does not fix it.
What if I cannot move in by the deadline?
You have an obligation to notify QRO yourself using Form D2.4 so the duty can be reassessed. After reassessment, on top of the shortfall you may also have to pay unpaid tax interest and penalty tax. Neither the 1-year deadline for a home nor the 2-year deadline for vacant land can be extended.
Next steps
Before you sign, do three things in this order: run the QRO transfer duty estimator for a working figure; give your visa status and your property ownership history, including any property held overseas, to a solicitor to check the concession conditions; and if you need finance, work with a licensed mortgage broker. Nextstar Realty does not hold an Australian Credit Licence and does not advise on loans. Three related costs sit outside this article: the federal FIRB application fee, the 8% foreign acquirer duty and land tax surcharge if you are not a citizen or permanent resident, and the separate Queensland first home owner grant. On a two-contract build, see how house and land packages are structured. To narrow down where to buy, see the current Brisbane projects, or book a consultation to talk through your shortlist.
Sources
- QRO — Transfer duty rates
- QRO — Transfer duty home concession rates
- QRO — First home (new home) concession
- QRO — First home vacant land concession
- QRO — Additional foreign acquirer duty (AFAD)
- QRO — First home owner grant, eligibility
- QRO — State Budget 2026 (23 June 2026)
- Duties Act 2001 (Qld)
- Revenue (Cost of Living Relief Locked-in Law) and Other Legislation Amendment Act 2026 (Qld) — Act No. 16 of 2026
Note: every rate, threshold, date and condition in this article was checked against qro.qld.gov.au and legislation.qld.gov.au on 3 September 2026, for the Queensland 2026-27 financial year. These are Queensland rules and do not apply in New South Wales or Victoria, and they can change with the state budget. Check QRO before you sign.
This article is general information only and does not take into account your personal circumstances, financial situation or objectives. It is not legal, financial or taxation advice. You should obtain independent professional advice before making any property decision.
