Stamp Duty for Off-the-Plan Purchasers in Australia

Off-the-plan property purchases are becoming increasingly common in Australia, particularly in major cities where apartments and townhouses are built in stages. Stamp duty is one of the key upfront costs buyers need to consider, and the rules for off-the-plan purchases can differ from standard property transactions.

This article explains how stamp duty applies to off-the-plan purchases in each state and territory, with clear details about deferrals, concessions and timing requirements.

What Is an Off-the-Plan Purchase?

An off-the-plan purchase means you sign a contract to buy a property that has not yet been built or is still under construction. Despite the property not being complete, stamp duty is usually assessed based on the contract price at the time the agreement is signed.

The key difference for off-the-plan buyers is the possibility of delayed stamp duty payment or other concessions, depending on the state you buy in and whether you intend to live in the property.

New South Wales (NSW)

NSW offers a specific concession for eligible off-the-plan buyers if the property is intended to be your principal place of residence:

Stamp duty deferral: Eligible owner occupiers may defer payment until settlement or up to 12 months after the contract date (whichever comes first).
To qualify, you must be purchasing residential property off the plan and must intend to live in the home as your main residence.
The deferral does not reduce the amount payable; it only delays the payment date to help with cash flow.

Source: Revenue NSW - Off-the-Plan Duty Guidelines

Victoria (VIC)

In Victoria, off-the-plan buyers may receive a timing benefit when calculating stamp duty:

Duty based on contract date value: Stamp duty is generally calculated based on the contract price, not the value at settlement.
There is no formal “deferral scheme”; however, the calculation method ensures you pay based on contract value even if the market increases before completion.
No separate first home off-the-plan concessional rules apply above the general first home rates.

Source: State Revenue Office Victoria

Queensland (QLD)

Queensland does not have a formal stamp duty deferral for off-the-plan owner occupiers, but there are key rules worth noting:

Stamp duty is based on the contract price at the time of signing.
If the off-the-plan purchase includes land and building components separately, some buyers may receive a reduced duty due to valuation treatment of construction versus land.
No specific deferral scheme exists for off-the-plan owner occupiers.

Source: Queensland Government - Transfer Duty Information

Western Australia (WA)

WA does not currently offer a duty deferral specifically for off-the-plan purchases. Stamp duty is applied on the contract price, and buyers pay normally within the set deadline after the contract is signed.

No off-the-plan concession or deferral is available.
Standard WA duty rates and first home buyer concessions still apply where eligible.

Source: WA Department of Finance

South Australia (SA)

South Australia does not have a formal off-the-plan stamp duty deferral scheme. Buyers must pay duty based on the contract price unless they qualify for general concessions like first home buyer exemptions.

No specific off-the-plan deferral.
First home buyer exemptions or concessions apply where eligible based on value thresholds.

Source: RevenueSA

Tasmania (TAS)

Tasmania does not provide a specific stamp duty deferral for off-the-plan purchases. Duty is based on the contract price and payable according to standard deadlines.

No off-the-plan concession or deferral is available.
General first home buyer concessions may apply where criteria are met.

Source: State Revenue Office Tasmania

Australian Capital Territory (ACT)

The ACT offers no official off-the-plan duty deferral. Stamp duty is based on contract and must be paid in line with normal ACT timelines, though first home buyer concessions may still apply to eligible buyers.

No off-the-plan concession specifically for deferment.
Concessions for eligible owner occupiers and first home buyers still apply under general rules.

Source: ACT Revenue Office

Northern Territory (NT)

The Northern Territory does not have an off-the-plan stamp duty deferral scheme. Duty is calculated based on the contract price and is due according to NT deadlines after signing.

No specific off-the-plan concession or deferral exists.
General benefits such as first home buyer assistance may apply separately.

Source: Northern Territory Treasury

Who Benefits Most from Off-the-Plan Stamp Duty Rules?

Off-the-plan duty deferrals benefit owner occupiers who can delay payment until settlement or up to the state’s time limit. Foreign buyers and investors generally do not qualify for these deferrals or concessions and are required to pay standard duty according to normal deadlines.

Important Considerations

Deferrals do not reduce the amount payable, only the timing of the payment.
Concessions still depend on your buyer type (e.g., first home buyer eligibility).
Stamp duty must be calculated based on the contract price, even if market conditions change before completion.

Summary

Stamp duty treatment for off-the-plan purchases varies across Australia. NSW provides the most generous timing relief by allowing deferrals for eligible owner occupiers. Other states, such as Victoria and Queensland, do not have formal deferrals, but duty is calculated on the contract price rather than the final market value. Investors and foreign buyers typically pay standard duty and are not entitled to deferrals.

To see how stamp duty for an off-the-plan property compares to a completed property and how much duty you will pay, use our stamp duty calculator to check your situation before you commit.