Does an SMSF pay stamp duty on a property purchase?
A Self-Managed Super fund (SMSF) is subject to stamp duty when purchasing a property. There may be some exemptions under certain limited circumstances, but this differs based on location as stamp duty is imposed under different rules in each state or territory.
It is crucial to obtain advice from a local conveyancer or solicitor with local expertise when purchasing a property in an SMSF.
Ad Valorem Stamp Duty on Property
Stamp duty is calculated on the consideration or the market value of the property transferred whichever is highest. Using Sydney as Australia’s largest property market as an example, from the 1st July 2025 the stamp duty rates for NSW are as per the table below.
| Value of property | NSW |
| $0 – $17,000 | $1.25 for every $100 (min $20) |
| $17,000 to $37,000 | $212 plus $1.50 for every $100 over $17,000 |
| $37,000 to $99,000 | $512 plus $1.75 for every $100 over $37,000 |
| $99,000 to $372,000 | $1,597 plus $3.50 for every $100 over $99,000 |
| $372,000 to $1,240,000 | $11,152 plus $4.50 for every $100 over $372,000 |
| Over $1,240,000 | $50,212 plus $5.50 for every $100 over $1,240,000 |
For example, stamp duty on the purchase of a $850,000 property is $32,662.
Checkout the links to the stamp duty calculators for the other states below:
- NSW stamp duty
- Victorian stamp duty
- South Australian stamp duty
- Western Australian stamp duty
- Queensland stamp duty
- Tasmanian stamp duty
Stamp duty on property transferred from a member
A concession on ad valorem stamp duty in relation to business real property (generally residential property cannot be transferred from a SMSF member to a SMSF) owned by a member and transferred to their SMSF is available in some states such as NSW, Victoria and WA.
Depending on the state the concession can apply to transfers with or without monetary consideration which must be held by the SMSF on behalf of that member for the purpose of providing for their retirement and cannot be part of the fund’s general investment pool. Proceeds from the sale must continue to be segregated for the member. Concessional stamp duty ranges from $750 to nil.
Evidence required includes the SMSF trustee minutes stating the intention to hold the property beneficially for the member transferor and that the member held the property beneficially as well as the SMSF trust deed with a non-revocable clause stating the property is segregated for the member’s benefit.
How does stamp duty work when my SMSF LRBA loan is fully repaid?
The legal title of the property is in the name of the bare trustee which can be transferred back to the SMSF trustee when the LRBA loan is fully repaid, and the security can be discharged. Transferring the title from the bare trustee to the SMSF trustee is a taxing point which can incur stamp duty.
Concessional stamp duty is generally available when transferring the title back to the SMSF trustee for example in NSW it is reduced to $750 and in Victoria may be reduced to nil.
Does my SMSF have to transfer the legal title when the LRBA loan is fully repaid
The myth is that the bare trustee who holds the property on behalf of the SMSF must transfer the title of the property back to the SMSF trustee when the loan is fully repaid. This is not required, and the property can be sold without being transferred back to the SMSF trustee. However, whilst the LRBA is on foot the fund still operates under the obligations imposed by the LRBA rules. The major limit is the property cannot be changed into a different asset.
When would it be better not to transfer the title back to my SMSF trustee?
A stamp duty concession is only available if the trustee can demonstrate that the bare trustee arrangement was properly executed when it was established. These rules are state dependent. There is no taxing point if the title of the property is retained by the custodian and therefore the SMSF would not pay stamp duty when the property is sold.
Generally, the following would need to be provided as evidence:
- the executed bare trust deed which should indicate the property being acquired and that it is being held beneficially for the SMSF
- a copy of the stamped contract
- the SMSF provided all of the purchase money which can be demonstrated by such things as the settlement statement, bank records and loan records from the bank