Exemptions and reliefs

Overview

Some instruments (written documents) are exempt from Stamp Duty or benefit from a relief. 

Please see Further guidance for more information. You should ensure that you are entitled to an exemption or relief before you claim it.

In most cases, you claim the exemption or relief when you file your Stamp Duty return.

Some exemptions and reliefs do not require a return. For more information, see How do you claim an exemption or relief. 

You must keep records to support your entitlement to an exemption or relief.

You must meet the terms of the exemption or relief on the date of execution (signing, sealing or both) of the instrument. However, you can meet the agricultural qualification for:

  • Consanguinity relief 
  • Young Trained Farmer Relief
  • and
  • Relief for leases of farmland

within four years of the date of execution of the instrument. 

You are required to adhere to certain qualifying criteria for a number of years for certain exemptions or reliefs. If you do not adhere to them, you become liable to pay a clawback and interest. The clawback is usually the amount of Stamp Duty that you would have paid if you had not claimed the exemption or relief.

If you claim an exemption or relief in error, you should amend the return and remove the exemption or relief you claimed. You should pay the Stamp Duty and any late filing or late payment charges.

Abolished Reliefs

The exemptions and reliefs that applied to purchases of new residential property no longer apply. The exemptions and reliefs that applied to first-time buyers or owner-occupier buyers of residential property also no longer apply. The last of these exemptions and reliefs were abolished for instruments executed on or after 8 December 2010. 

Next: How do you claim?