How Stamp Duty Works for Companies, Trusts & SMSFs
How it works
When you buy property through a company, trust, or SMSF, the base stamp duty rates are the same as for individual buyers. Every state applies its standard bracket schedule regardless of who — or what entity — is purchasing the property.
The critical difference is concession access. Individuals can claim first home buyer (FHB) exemptions and concessions, pensioner concessions, and — in states like Victoria, Queensland, and the ACT — lower owner-occupier rate schedules. Companies, trusts, and SMSFs are excluded from all of these. In Victoria, for example, an individual buying a $500,000 home as an owner-occupier uses the principal place of residence (PPR) rate schedule, while a company purchasing the same property uses the higher general rate schedule. Combined with lost FHB concessions, the stamp duty gap between an individual and an entity can be tens of thousands of dollars.
The second key consideration is the foreign buyer surcharge. In NSW, VIC, QLD, WA, SA, and TAS, surcharges of 7–9% apply not just to foreign individuals but also to "foreign companies" and "foreign trusts". A company is typically foreign if foreign persons hold more than 50% of the shares. A trust may be caught if any beneficiary is foreign, or if the trust deed permits distributions to foreign persons. This means an Australian-registered Pty Ltd or discretionary trust can attract the full foreign surcharge based on its ownership structure — even if the entity itself is domiciled in Australia.
When to use this calculator
- You're comparing stamp duty across entity structures before deciding how to purchase
- You want to understand which concessions are lost when buying through a company, trust, or SMSF
- You're checking the foreign surcharge implications for an entity with overseas shareholders or beneficiaries
- You're evaluating whether the stamp duty difference justifies a different entity structure
- You're an investor considering asset protection, CGT, or land tax alongside stamp duty
- You're preparing for a meeting with your accountant or property lawyer about structuring
- You manage an SMSF and want to understand the stamp duty cost of a property purchase
Key concepts
- Buyer Entity Type
- The legal entity making the property purchase. An individual is a natural person. A company is a Pty Ltd or public company. A trust can be discretionary, unit, or hybrid. An SMSF (self-managed superannuation fund) is a regulated trust structure under the SIS Act. Each entity type has different stamp duty concession access, even though base rates are the same.
- Foreign Person (Entity Context)
- For stamp duty purposes, a company is 'foreign' if foreign persons hold more than 50% of the shares or voting rights. A trust is 'foreign' if a foreign person holds a substantial interest (typically 50%+) or, in some states, if the trust deed permits distributions to foreign persons. A foreign entity attracts the full foreign buyer surcharge (7–9%) on top of standard stamp duty.
- Owner-Occupier Rates
- Some states offer lower stamp duty rates for individual buyers who will live in the property. Victoria has PPR (principal place of residence) rates for properties under $550,000, Queensland has home concession rates, and the ACT has a separate owner-occupier schedule. These lower rates are only available to natural persons — companies, trusts, and SMSFs always pay the standard or investor rate schedule.
- Landholder Duty
- An additional stamp duty consideration for trusts and companies. When a trust or company that holds land above certain thresholds changes ownership — through unit transfers, share sales, or deed amendments — landholder duty may apply. This is separate from the initial purchase duty calculated here, but it is an important factor in choosing between entity structures.
- SMSF Property Purchase
- Self-managed super funds can buy property, but they are subject to strict SIS Act rules: the property must satisfy the sole purpose test, borrowing must use limited recourse borrowing arrangements (LRBAs), and you cannot purchase from a related party (with limited exceptions for business real property). For stamp duty, an SMSF is treated as a trust.
Worked example — $750,000 investment property in Victoria
James is considering purchasing a $750,000 investment property in Melbourne and wants to compare the stamp duty cost across different entity structures. He is not a first home buyer and is an Australian citizen.
Stamp duty comparison at $750,000 (VIC, investor):
| Entity | Base Duty | FHB Saving | Total Duty | Effective Rate |
|---|---|---|---|---|
| Individual (investor) | $40,070 | — | $40,070 | 5.34% |
| Company | $40,070 | — | $40,070 | 5.34% |
| Trust | $40,070 | — | $40,070 | 5.34% |
| SMSF | $40,070 | — | $40,070 | 5.34% |
For an investment property at this price, all four entity types pay identical stamp duty in Victoria. The base rates are the same and no concessions apply to investors.
But what if James were a first home buyer purchasing as an owner-occupier?
| Entity | Base Duty | FHB Saving | Total Duty | Effective Rate |
|---|---|---|---|---|
| Individual (FHB, OO) | $40,070 | −$26,713 | $13,357 | 1.78% |
| Company | $40,070 | — | $40,070 | 5.34% |
| Trust | $40,070 | — | $40,070 | 5.34% |
| SMSF | $40,070 | — | $40,070 | 5.34% |
The individual saves $26,713 through the VIC FHB concession — a saving that no entity structure can access. This is why it is critical to understand concession eligibility before choosing a purchase vehicle.
Note: While stamp duty is the same for investor entities, ongoing costs differ significantly. Trusts attract a 2% land tax surcharge in Victoria, and companies do not receive the 50% CGT discount. Always consult an accountant for the total cost picture.
Frequently Asked Questions
Related Calculators
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