Stamp Duty Lawyers

Stamp duty (also known as transfer duty) applies to property transfers, landholder acquisitions, business restructures and certain trust or partnership changes. Missteps can result in unexpected liability, penalties or thousands in avoidable duty.

Our stamp duty lawyers advise on property transactions, landholder duty, trustee changes, partitions, apparent purchaser arrangements and married couple or deceased estate transfers. We also assist with revenue audits and complex duty exemptions.

We deliver practical, defensible advice that minimises costs, manages risk and ensures your transactions comply with the Duties Act – protecting your position from assessment through to settlement.

What is stamp duty?

Stamp duty (or transfer duty in some states) is a tax imposed by state and territory governments on certain transactions, including property, business transfers and sometimes shares.

The rate depends on transaction type, value, location, and purpose.

Whether it’s a residential property sale, commercial land, or business restructuring, accurate classification and timing matter.

How you structure a transaction, what you include in the agreement and whether eligible exemptions apply all affect how much duty you will pay.

Stamp Duty Legal Advice for Property and Business

Stamp duty impacts property, business and share transfers – from contract drafting to settlement and compliance with state revenue authorities. These are the most common stamp duty issues we help clients resolve.

Duty Advice

Stamp duty rules differ across states and can change depending on the transaction. We provide clear, practical advice that minimises costs, avoids penalties and keeps your contracts and settlements on track.

Property Transfers

Whether buying, selling or transferring property between related parties, we advise on duty calculations, concessions, and exemptions so you don’t overpay or trigger unexpected liabilities.

Landholder Duty

Buying or transferring shares or units in companies and trusts that hold land can trigger landholder duty. We assess thresholds, structure transactions, and advise on exemptions to avoid costly surprises.

Revenue Audits

State revenue authorities review high-value or unusual transactions closely. We prepare submissions, respond to queries, and resolve disputes quickly to protect your position and cash flow.

Partitions

Dividing land between co-owners is often dutiable. We structure partitions to meet statutory concessions where available, minimising costs and ensuring compliance.

Apparent Purchaser

When property is purchased in one name but held for another, duty issues can arise. We guide you through declarations of trust and ensure the correct treatment from the outset.

Change in Trustees

Replacing a trustee can attract duty if not managed carefully. We prepare the documents, confirm eligibility for exemptions and liaise with revenue authorities to keep the process seamless.

Married Couples

Transfers between spouses or de facto partners often qualify for exemptions or concessions. We confirm eligibility, prepare the documents, and lodge with revenue authorities to secure the benefit.

Deceased Estates

Transferring property under a will or intestacy can be duty-free if the rules are followed. We advise executors and beneficiaries on exemptions, timing, and documentation to protect entitlements.

What triggers a stamp duty review?

Revenue authorities closely monitor transactions and step in where they see red flags – high-value property or business transfers, related-party dealings, valuations that appear low compared to market data, reliance on concessions or exemptions or late and inconsistent lodgements.

If you are audited, we take the lead. We prepare a clear position supported by evidence, agree scope and timelines and correct genuine errors in a way that limits exposure.

Where appropriate, we make voluntary disclosures to reduce penalties and negotiate practical outcomes that protect your cash flow.

If escalation is required, we pursue objections or reviews while preserving privilege and keeping your transactions moving.

Protecting Deals, Minimising Costs

Stamp duty can derail property and business transactions if not managed properly. We step in early to identify risks, secure exemptions and keep your settlement moving forward with confidence.

Further Tax Solutions

Why seek advice on stamp duty?

Stamp duty rules are complex, costs are high and mistakes can trigger penalties or disputes. Legal advice ensures you meet obligations, minimise liability and protect your financial position.

Stamp Duty Certainty

We clarify exactly how duty applies to your transaction so you know upfront what you owe, when it’s due and what exemptions apply.

Stamp Duty Savings

We identify and secure available concessions, exemptions and refunds so you don’t pay more than required.

Tax Compliance

We prepare and lodge documents that align with duty laws and revenue requirements, reducing audit risk and avoiding penalties.

Tax Protection

If revenue authorities review your transaction, we frame your position with evidence, correct errors and negotiate outcomes that protect you.

We’re here to safeguard your transaction

Whether you are buying a home, transferring property, restructuring a business or dealing with a trust, we provide stamp duty advice that protects your interests and minimises exposure.

Why choose us for your stamp duty matter?

When stamp duty threatens to complicate your deal, you need advice that is precise, practical and timely – advice that clarifies your obligations, secures exemptions and keeps your transaction on track.

Practical Strategies

We cut through complex duty laws and turn them into clear, actionable steps. Our advice works in practice for property, business and trust transactions, keeping deals on track.

Proven Results

We’ve reduced liabilities, secured refunds and resolved audits and disputes with revenue authorities. Our track record shows we deliver outcomes that protect your financial position.

Personalised Service

Every transaction is different. We take time to understand your structure and goals, then tailor advice that fits your commercial objectives and risk profile.

Cost Effective Approach

Stamp duty can be expensive, but advice doesn’t have to be. We scope issues upfront, keep drafting lean and offer fixed fees where possible, so you have certainty on costs and outcomes.

Client Testimonials

I contacted Axe Legal for stamp duty and capital gains tax advice. From initial contact right through to a successful outcome both Stefan and Boris were a pleasure to deal with. They were knowledgeable, empathetic, efficient and highly responsive with their communications. It was a first time experience for me and I would have no hesitation recommending them.

I engaged Axe Legal when transferring property between family members. Boris explained the duty implications clearly, identified that a concession applied under the family exemption and prepared all the documents for submission to Revenue NSW. The process was fast, smooth and saved me several thousand dollars.

When buying shares in a company that owned commercial property, I was unaware that landholder duty could apply. Stefan reviewed the structure and guided me through a restructuring option that legitimately avoided unnecessary duty. His attention to detail and clarity throughout the process were outstanding.

Revenue NSW issued me an unexpected reassessment claiming I had underpaid duty on a trust transfer. Boris prepared a detailed objection, backed it up with strong legal arguments and had the assessment withdrawn entirely. I can’t thank Axe Legal enough for taking the stress out of what could have been a costly dispute.

I contacted Axe Legal after my accountant flagged potential stamp duty on the replacement of a trustee for our family trust. Stefan confirmed an exemption applied, drafted the documentation and dealt directly with the revenue office. His efficiency and technical knowledge made the process completely seamless.

After inheriting property through my late husband’s estate, I was unsure if stamp duty applied to the transfer. Boris explained the deceased estate exemption, handled all lodgements and confirmed the transfer was duty free. The professionalism and compassion shown by the team made a difficult process much easier.