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Concessions for first homes

Companies are not eligible to claim home/first home transfer duty concessions or first home vacant land concessions.

Trustees (including corporate trustees) are not eligible for the concessions unless all the following apply:

  • the transferees are trustees of a trust (other than a discretionary or unit trust)
  • the beneficiaries are individuals, all of whom are under a legal disability
  • the residence will be the home of all the beneficiaries.
 Are you eligible for a concession? Take our eligibility test!
 

See first home concession rates for current rates of duty.

Note: The residency requirements for the first home owner grant are different to those of the first home and first home vacant land concessions.

First home concession

You can claim a first home concession if you:

  • have never held an interest in residential land anywhere in the world
  • have never claimed the first home vacant land concession
  • are buying a home to live in as your principal place of residence
  • are at least 18 years of age (we may waive this requirement in special circumstances).

Complete a Form 2.1—Claim for first home transfer duty concession (PDF 415 K)

The concession does not apply to any part of the land that is used for non-residential purposes. See Public Ruling DA087.1—Transfer duty concession for first homes—residential purposes for more information.

Note: First home concessions also apply to a transfer, agreement, or an acquisition of a new right that is a lease.

Your obligations

You must:

  • occupy the home as your first principal place of residence within 1 year of the transfer or acquisition date 
  • not dispose of part or all of the property before moving in or within 1 year of the date you move in.

If you can't meet these requirements, you must give us (within 28 days of becoming ineligible):

We will then reassess your transfer duty liability. You may also have to pay unpaid tax interest and penalty tax (depending on your circumstances).

First home vacant land

You can claim a first home vacant land concession if:

  • you buy vacant land after 1 January 2007
  • you are at least 18 years of age
  • you have never held an interest in residential land anywhere in the world
  • the home to be constructed on the vacant land will be your first home
  • there will only be one home constructed on the vacant land
  • there was no building, or part of a building, on the land when you bought it
  • you have not received a first home vacant land transfer duty concession before.

Complete a Form 2.7—Claim for transfer duty concession first home vacant land (PDF 585 K)

Your obligations

You must:

  • build and occupy the constructed home as your first principal place of residence within 2 years after the land is transferred to you
  • not dispose of all or part of the land before or within 1 year after you start living in the constructed home.

If you can't meet these requirements, you must give us (within 28 days of becoming ineligible):

We will then reassess your transfer duty liability. You may also have to pay unpaid tax interest and penalty tax (depending on your circumstances).

Home concession

Note: The home concession only applies to transactions dated before 1 August 2011.
Use the home concession eligibility tester if your contract or transfer is dated before 1 August 2011.

You may be able to claim a home concession if you acquired a home to live in as your principal place of residence before 1 August 2011. 

Complete a Form 2.1—Claim for home concession available to 31 July 2011 (PDF 460 K)

Your obligations

You must:

  • occupy the home as your principal place of residence within 1 year of the date of transfer or acquisition
  • not dispose of part or all of the property before moving in or within 1 year of the date you move in.

If you can't meet these requirements, you must give us (within 28 days of becoming ineligible):

We will then reassess your transfer duty liability. You may also have to pay unpaid tax interest and penalty tax (depending on your circumstances).

What is disposal?

Disposing of the property means:

  • selling
  • leasing/renting
  • transferring the title
  • surrendering the lease to another person
  • otherwise granting exclusive possession to another person.

You have not disposed of the property if:

  • the vendor remains in the property after settlement, as long they move out as soon as reasonably practicable or within 6 months of the transfer date, whichever happens first
  • the vendor's existing tenant remains in the property after settlement, as long as they move out when their current lease expires or within 6 months of the transfer date, whichever happens first
  • you are unable to occupy the home because of an intervening event such as a natural disaster, incapacity or death. You must apply to us for a determination if this happens
  • you have entered into a retirement village leasing arrangement
  • you occupy the home as your principal place of residence, then leave it vacant for the rest of the 1-year residency period

  • you transfer part of the property to your spouse as long as the transfer is exempt under section 151 of the Duties Act 2001.

See Public Ruling DA085.1—Concession for first homes—occupancy requirements for more information.

Top call centre questions

A husband and wife purchase a home to live in as their principal place of residence. The property is valued at $490,000. The husband has not owned residential land previously; however, his wife has owned numerous properties. Can the husband claim the first home concession?

Yes. The husband can claim the first home concession, and will need to complete a Form D2.1. As the home concession ceased on 1 August 2011, the wife will not be eligible for the concession.

I am buying a property with a home on it. On settlement, I will demolish the home and build a new one. Once the new home is built I will move into it. Am I entitled to the first home concession on the home I am buying?

No. As you will not be moving into the home that you are buying, you will not be entitled to the concession.

I bought vacant land and claimed the first home vacant land concession, but sold the land before I built my home. Can I claim the first home concession when I buy an established home?

No. You are no longer eligible as you have already claimed a first home vacant land concession.

Note: You will have to pay back the first home vacant land concession if you no longer meet the requirements. See section 154 of the Duties Act 2001.

Can I claim a concession on leasehold land?

In general, you cannot claim a concession if you are renting a property from a person who owns the land in freehold. However, you may be able to claim a concession if you:

  • acquire a 'new right' that is a leasehold interest—for example, you are leasing or subleasing land that is owned by the State (not an individual or company) on a long-term basis

    and

  • paid a premium, fine or other consideration for the right—this means that you pay a sum upfront, as though you were buying the property. This does not include weekly or periodic rent payments.

If the above circumstances apply, you can claim the concession on land that is:

  • residential land on which a first home is constructed

    or

  • vacant land on which a first home will be constructed.
A father (an existing home owner) and his son (a first home buyer) purchase a large property that has two homes on it. The father will live in one of the homes and his son will live in the other. Can the son claim a first home concession? If so, how is the transfer duty calculated?

Yes. Only the son is entitled to a concession. The concession is calculated under section 93(2) and (6) of the Duties Act 2001.