Duty is determined by applying the relevant rate to the dutiable value of the transaction. If GST is payable on a transaction, the dutiable value will include the amount of GST.
| Dutiable value | No double duty |
|---|---|
The dutiable value of a transaction is generally the consideration for the transaction. However, the dutiable value is the unencumbered value of the property if:
| Duty won't be charged twice on two transactions relating to the same matter. If duty is chargeable on a transaction such as a contract for sale of land, the subsequent transfer of land or declaration of trust will be considered for no double duty if it's in conformity with the initial transaction. This also applies to the transfer of certain WA business assets. |
Every person acquiring an interest in land or in a landholder in Western Australia must complete a foreign buyers duty declaration form.
Rates of duty
Show moreUse our to estimate how much duty you may need to pay.
If your transaction is assessed at a rate that's different to the rate you believe it should be assessed, you can apply for a reassessment. Certain timeframes apply to applications for reassessment.
for rates that applied to transactions entered into before 2 July 2014.
General rate
This applies to a dutiable transaction unless the Duties Act provides otherwise.
| Dutiable value | Rate |
|---|---|
| $0 - $120,000 | $1.90 per $100 or part thereof |
| $120,001 - $150,000 | $2,280 + $2.85 per $100 or part thereof above $120,000 |
| $150,001 - $360,000 | $3,135 + $3.80 per $100 or part thereof above $150,000 |
| $360,001 - $725,000 | $11,115 + $4.75 per $100 or part thereof above $360,000 |
| $725,001 + | $28,453 + $5.15 per $100 or part thereof above $725,000 |
Concessional rate
This applies to property that is either a principal place of residence or a WA business asset, and the value of the entire property doesn't exceed $200,000. See the following fact sheets:
Apply for the concessional rate of duty.
| Dutiable value | Concessional rate of duty |
|---|---|
| $0 - $120,000 | $1.50 per $100 or part thereof |
| $120,001 - $200,000 | $1,800 + $4.04 per $100 or part thereof above $120,000 |
First home owner rate
You may be eligible for the first home owner rate of duty if you:
- qualify for a first home owner grant or
- would have qualified for the grant if consideration had been paid or if the grant was available for established homes or
- are a resident of the Indian Ocean Territories acquiring your first home.
| Apply for pre-approval | Assessment or reassessment |
|---|---|
| Apply for pre-approval for the first home owner grant and/or first home owner rate of duty. | Apply for an assessment or reassessment at the first home owner rate if you've already been pre-approved. |
You may be eligible for the first home owner rate even if you're not eligible for the first home owner grant or if you've purchased property with others who are not eligible for the grant.
| Dutiable value: home | First home owner rate of duty | |
|---|---|---|
| Before 9 May 2024 | $0 - $430,000 | No duty payable |
| $430,001 - $530,000 | $19.19 per $100 or part thereof above $430,000 | |
| $530,001 + | You may be eligible for the general rate of duty | |
| From 9 May 2024 | $0 - $450,000 | No duty payable |
| $450,001 - $600,000 | $15.01 per $100 or part thereof above $450,000 | |
| $600,001 + | You may be eligible for the general rate of duty | |
| Dutiable value: vacant land | First home owner rate of duty |
|---|---|
| $0 - $300,000 | No duty payable |
| $300,001 - $400,000 | $13.01 per $100 or part thereof above $300,000 |
| $400,001 + | You may be eligible for the general rate of duty |
Consideration
Show moreThe consideration is something of value given for a promise. For example, consideration may be the amount payable under a contract for the purchase of a home. The consideration for a transaction can be monetary or non-monetary, for example, the assumption of liabilities, forgiveness of a debt or shares issued.
If the consideration is reduced
If the consideration is reduced after the agreement is entered into but before the property is transferred, the duty on the agreement will be assessed or reassessed on the reduced consideration if it is not less than the value of the property at the date the consideration was reduced.
We will generally require a valuation of the property as at the date the consideration was reduced.
Duty may also be reduced if you acquire a further interest in a shared equity home.
If the consideration is increased
If the consideration is increased before the property is transferred, the duty on the agreement will be assessed or reassessed on the increased consideration.
If the consideration is increased after the transaction is duty endorsed, the person liable to pay duty must lodge the instrument that effects the increase for reassessment within two months after the day on which the consideration is increased.
If the consideration is contingent
Contingent consideration is an amount that will only become payable on the occurrence of a future event that may or may not happen.
An agreement to transfer property that contains a contingent consideration will initially be assessed on a dutiable value that includes the contingent consideration. Apply for a reassessment if duty has been paid on contingent consideration and:
- the contingent consideration has not been paid
- the event has not happened, or has not happened within the time specified in the agreement and
- the event cannot happen in the future, or the time specified in the agreement for the happening of the event has passed or expired.
Valuations
Show moreA valuation is required for certain types of transactions.
- If the transaction is between related parties, or the parties are not otherwise dealing at arms length, the dutiable property must be independently valued before an assessment is issued.
- If required, the can make a valuation of residential, commercial or farming land. Complete and lodge a valuation form with your transaction record. Alternatively, a copy of a valuation from a licensed valuer may be accepted. This may be referred to for valuation.
- The grant or surrender of a life or remainder interest must be valued before an assessment can be issued.
See more information about valuing land and valuing WA business assets.
If we request you provide a written valuation and you don't provide one, we may apply penalty tax and recover from you the costs of obtaining our own valuation.
Use a valuation form for the following transaction types:
Aggregation
Show moreTransactions that relate to separate items of property are to be treated as a single transaction if they together form, evidence, give effect to or arise from what is substantially one arrangement.
Duty is chargeable on the total dutiable value of all transactions and is determined at the time liability to duty arose on each transaction.
All instruments and transfer duty statements in the series of transactions should be lodged together, or if lodged separately, provide sufficient details so the bundles can be cross-referenced to each other.
Substituted transferees
Show moreWhen the person on the agreement is different to the person on the transfer, details of the purchaser(s) must be provided in full and must include whether the property is to be held as joint tenants or tenants in common. If information is not clearly included about the type of tenancy or the percentage of each party鈥檚 ownership, we will presume the ownership is tenants in common in equal shares.
You may need to pay additional duty if:
- a transfer is not in accordance with the agreement for the transfer (e.g. different purchaser, different percentage of ownership) or
- it is not clearly identified that a purchaser is acting as a trustee for a trust or
- an agency relationship is disclosed in the agreement and the principal and agent are not clearly identified.
Duty may not be chargeable on a transfer if the person named as the transferee differs from the person named in the agreement as the purchaser. Apply using the substituted transferees form with the transaction documents (such as the offer and acceptance or transfer of land form) for the transfer of land to be endorsed no double duty.
If you disagree with an assessment
Show moreIf you believe that your assessment is incorrect, you can lodge an objection against the assessment.
Lodging an objection does not remove or defer your liability. We may apply penalty tax if you don't pay your assessment by the due date.
Before lodging an objection, contact the assessor directly or as it may be possible to resolve your enquiry without the need for an objection.
