Ad valorem (proportional to the value) stamp duty is payable on most transfers whether or not the transfer was for monetary consideration. However, there are exceptions.
No stamp duty is payable and the transfer need not be marked for changes in tenancy, that is, from joint tenants to tenants in common in equal shares or from tenants in common in equal shares to joint tenants. This means that a unilateral severance of joint tenancy does not require marking or payment of stamp duty.
A transfer of a share to a spouse or de facto partner is not liable to stamp duty where a number of conditions can be met. Although the transfer may not be liable to stamp duty, the transfer form must be marked by the Office of State Revenue (OSR). A statutory declaration that the conditions have been met is lodged at OSR together with the transfer.
Information related to marking of documents and payment of stamp duty may be obtained from:
Office of State Revenue
132 Marsden Street
GPO Box 4042
Sydney NSW 2001
T: 1300 139 814 (NSW only), or 02 9689 6200
From 1 July 2016, conveyancing documents able to be processed on Electronic Duties Return (EDR), will no longer be assessed at OSR. For more information, please visit Office of State Revenue website.