Stamp duty is a cost most property buyers anticipate, but what if your transaction does not attract duty
At Hayton Kosky Lawyers, we frequently assist clients in securing legitimate exemptions and concessions under Victoria’s Duties Act 2000
This article provides a clear breakdown of property transfers that may be exempt from stamp duty or eligible for concessions.
🏠 1. Transfers Between Spouses and Partners
If you’re transferring your principal place of residence to your spouse or domestic partner, there’s good news:
- No stamp duty is payable.
- Applies whether transferring from one to the other, or into joint names.
- Must be residential property, with no other party involved, and no money changing hands
. - Conditions Apply. The parties must live in the property for the next 12 months.
✅ Pro tip: A mortgage doesn’t necessarily count as “consideration”—it’s possible to still qualify.
👨👩👧 2. Deceased Estates
When a loved one passes, stamp duty shouldn’t add to the burden:
- Transfers from an executor to a beneficiary are duty-free if they align with the will or laws of intestacy (the rules setting out who inherits when there is no will)
- There must be no additional payment made for the property.
✅ Planning tip: Ensure estate plans are drafted clearly to support the exemption.
🔁 3. Trusts and Apparent Purchasers
Trusts are complex, but exemptions apply where:
- A trustee is retiring or being replaced, and there’s no change in beneficial ownership.
- Property held by an apparent purchaser (the person named on the title on behalf of another person) is transferred to the real purchaser who provided the funds.
- A trust distributes property to a beneficiary, reflecting their entitlement (no extra payment = no duty).
✅ Key rule: No hidden changes to who really owns the property.
💼 4. Superannuation Fund Transfers
Some property transfers to or between super funds can also be duty-free:
- Must involve a complying superannuation fund.
- Property must be transferred without monetary consideration and beneficial ownership must stay the same.
- Transfers to fund members can be partially or fully exempt, depending on their entitlements.
✅ Did you know? Even custodians holding property for super funds may be eligible for exemptions.
❤️ 5. Charities & Co-ops
You may be eligible for exemption if:
- Property is transferred to a charity, religious body, health organisation, or community co-operative.
- The recipient must use the land for the stated charitable or community purpose.
Why It Matters
Stamp duty can be tens of thousands of dollars. If you qualify for an exemption, that’s money that stays in your pocket—or your family’s.
At Hayton Kosky, we don’t just process property transactions—we strategise. Whether you’re transferring to a spouse, setting up a family trust, or restructuring your investment portfolio, we can help ensure you’re not paying more than you should.
Need Help?
Get in touch with the Hayton Kosky property and estate team to check if your transfer is duty-free. We’ll help you navigate the fine print and lodge the right documents to claim your exemption.
📞 Contact us today to schedule a consultation.
Date published 10 May 2025