Commercial Property Stamp Duty Calculator
Calculates estimated stamp duty for the purchase of commercial property and business from Australian states.
- Calculates commercial stamp duty costs from each state.
- Commercial property purchase stamp duty calculation.
- Business purchase stamp duty costs. Each state has different criteria what they consider dutiable. See below
State Commercial Stamp Duty Conditions
See below for dutiable value of each asset. Special criteria apply to each state especially regarding business loan purchases.
A commercial property transaction is a transaction where the relevant property will be used, wholly or partly, for commercial purposes. Commercial purposes include industrial, business or retail use of property, including property with mixed uses. Examples of commercial properties and non-commercial properties include:
Commercial Purpose
- warehouses (industrial use)
- factories (industrial use)
- restaurants (business use)
- offices (business use)
- cafes (business use)
- hotels (business use)
- commercially-run accommodation (e.g. student accommodation) (business use)
- caravan parks (retail use)
- shops (retail use)
- shopping centres (retail use)
- retail outlets (retail use)
- two-storey building with commercial office on the ground floor and residence on the first floor (mixed-use)
- farm land with part of it used for a bed and breakfast business (mixed-use).
Non Commercial Purpose
- properties being used only for residential purposes
- properties being used only for primary production (rural land)
- home businesses being run in accordance with the Planning and Development Act 2007(external site).
- houses (residential)
- residential units (residential)
- apartments bought off-the-plan (residential)
- farm land (primary production)
- bookkeeping conducted from a home office (home business)
- florist working from home (home business).
There is no stamp duty or nominal fee payable on a sale of business in the ACT. The only exception is for real property assets. The ACT Revenue Office is the responsible authority for all duty enquiries in ACT. Stamp duty is generally payable within 90 days of the relevant agreement at the relevant rate.
Stamp duty, or transfer duty, is a tax imposed by state and territory governments on transactions such as:
- motor vehicle registrations and transfers
- insurance policies
- mortgages
- the sale and transfer of real estate, businesses and certain shares.
The purchaser is liable to pay the stamp duty, and it must be paid within 3 months of the liability arising. For example, if you're purchasing an existing property (not 'off the plan'), your liability will arise when the contract of sale has been exchanged.
Stamp duty is payable on various instruments or transactions as follows:
- Acquisition of Real Estate and Business Property
- Acquisition of shares in a Land-holding Corporation or Unit Trust
- Grants of leases of land where valuable consideration in addition to or without rent is given for the lease
- the sale and transfer of real estate, businesses and certain shares.
- Deeds constituting extinguishing or varying in any way a trust.
- Motor Vehicle Certificates of Registration (issues and transfers)
Business Purchase Example:
John Brown purchased an electrical appliance retail business for $250 000 comprising of:
Goodwill (dutiable) 125 000
Plant and equipment (dutiable) 15 000
Stock (electrical goods) (exempt) 100 000
Registered delivery van* (exempt) 10 000
Sum of dutiable property = $140 000
Using the formula, the duty payable is: D = (0.06571441 x 19600) + 15 (140) = 1 288 + 2 100 = $3 388
>How much stamp duty is payable? Duty is assessed on the greater of the consideration paid or the market value of all of the dutiable property acquired, whichever is greater. The rate is calculated according to the formulas that follow.
Dutiable amount more than $525 000 Where the dutiable amount exceeds $525 000 but is less than $3 million, the duty is 4.95 per cent of the dutiable amount. Where the dutiable amount exceeds $3 million but is less than $5 million, the duty is 5.75 per cent of the dutiable amount. Where the dutiable amount is $5 million or more, duty is 5.95 per cent of the dutiable amount.
* The transfer of the registration for the delivery van is subject to the motor vehicle rate of duty of $3 per $100 or part thereof of the consideration paid (3 x 10 000/100 = $300)
Stamp duty, or transfer duty, is a tax imposed by state and territory governments on transactions such as:
- motor vehicle registrations and transfers
- insurance policies
- mortgages
- the sale and transfer of real estate, businesses and certain shares.
The purchaser is liable to pay the stamp duty, and it must be paid within 3 months of the liability arising. For example, if you're purchasing an existing property (not 'off the plan'), your liability will arise when the contract of sale has been exchanged.
Stamp duty is payable
- Residential property
- Primary production land
Stamp duty is not payable for commercial property and business purchases. Please check for definitions at the link below.
Stamp duty is payable on;
- Residential property
- Commercial Property
- Business Purchases
Many businesses hold assets which fall under the classification of ‘goods’ for the purpose of the Duties Act 2001 (the Act). For example, assets such as plant and equipment are considered goods. Goods transferred by themselves are not dutiable. However, goods are subject to duty if they are transferred in an arrangement that includes other dutiable property such as: a freehold interest in land or a mineral tenement; or where the transfer of business assets is conditional on the granting of a new lease over business premises. Where a business is sold together with a lease for the business premises, the lease is an interest in land, and is defined as dutiable property under section 9(l) of the Act. Therefore, any goods transferred as part of an arrangement, which includes a lease (or any other dutiable property), will also be subject to duty.
Stamp duty is payable on;
- Residential property
- Commercial Property
Business purchases under the Duties Act 2000 (VIC), stamp duty is not charged on the transfer of business assets (other than real property), and there is no nominal fee on the sale of business agreement, as there is in NSW. The State Revenue Office Victoria is the responsible authority for all stamp duty enquiries in the state.
Stamp duty is payable on;
- Residential property
- Commercial Property
- Business Assets