5. Victorian first home buyer duty exemption or concession
Land transfer duty, which almost everyone still calls stamp duty, is usually the largest single upfront cost in a purchase. First home buyers in Victoria can have it removed or reduced depending on the dutiable value of the property.
Duty is a state tax. This section sets out what the State Revenue Office publishes about the thresholds and conditions. It is not tax advice, and how duty applies to a particular purchase is a matter for the SRO and for your conveyancer or solicitor.
What "dutiable value" means
It is the price paid for the property or its market value, whichever is greater. Two adjustments matter:
- For off the plan purchases, dutiable value may be reduced if you qualify for the off the plan concession, which can bring a property under the threshold that would otherwise sit above it.
- For vacant land, duty is assessed on the land alone. The value of your building contract is not included.
The SRO publishes a duty calculator that gives a figure for any purchase price.
Eligibility criteria
All purchasers must be:
- natural persons, not companies or trusts
- at least 18 years old
- Australian citizens or permanent residents
- purchasing the property as their principal place of residence
- buying the property at market value
You are not eligible if you, your spouse or your partner have already owned a home or other residential property in Australia. Note that this test is different, and stricter, than the First Home Owner Grant test. The grant looks at ownership before July 2000 and at whether you lived in a property for six months. The duty test looks at ownership full stop.
If you are buying with someone who is not a citizen or permanent resident, foreign purchaser additional duty may apply.
Residency requirement
At least one purchaser must occupy the home as their principal place of residence and live there for 12 continuous months, starting within 12 months of settlement. For vacant land, you must move in by the earlier of 12 months from the issue of the occupancy certificate, or 36 months from the settlement date.
Current members of the Australian Army, Navy or Air Force are exempt from the residency requirement, and all purchasers must be enrolled to vote in Victorian elections. Reservists and Australian Public Service staff are not covered.
How it is claimed
Your conveyancer or solicitor normally claims the benefit through the Digital Duties Form when they complete the property transfer. The SRO states that this exemption can only be claimed once. If duty was overpaid because an exemption or concession was not claimed, a refund can be applied for within five years.
Other duty benefits that are not limited to first home buyers
- Principal place of residence concession, available to any buyer where dutiable value is up to $550,000, with a 12 month residency requirement.
- Off the plan concession for strata apartments and townhouses, a temporary measure open to all buyers including companies and trusts, where the contract is signed between 21 October 2024 and 20 October 2026. The property can be any value and there is no requirement to live in it. From 21 October 2026 the standard off the plan concession applies instead.
- Pensioner and concession cardholder duty reduction. If you qualify for both this and the first home buyer benefit, you can only claim one per transaction and must choose.
- First home owner with a dependent child exemption or concession, a separate benefit for first home buyers with a dependent child, which applies to property at the lower end of the market. The SRO sets out the thresholds and conditions.