Home buyer concession scheme (from 1 July 2019)

Who is eligible

To be eligible for the Home Buyer Concession Scheme (HBC) the following criteria must be met:

* From 1 July 2024, assessed taxable income. Before 1 July 2024 or if there is no assessed taxable income, the income threshold applies to total gross income.

** A domestic partner includes your spouse, civil union partner or de facto partner.

*** Before 1 July 2024, the period was 2 years. There are limited exceptions to this requirement, including court orders and agreements, family violence orders or injunctions made under the Family Law Act 1975 (Cwlth). These court orders must be sealed before the transaction date.

**** The Commissioner for ACT Revenue may exempt you from the residence requirement upon written application, in full or in part, but only in very specific circumstances.

Eligible properties

All ACT residential properties are eligible for this scheme. It applies to vacant residential land and both new and established homes, anywhere in the ACT and at any price. From 1 July 2021, a cap has been set on the amount of tax that will be waived under the HBC.

Prior property interest

To be eligible for the HBC, all buyers, including their domestic partners (if any), must not have owned or held an interest (legal or equitable interest) in any other property for the past 5 years, prior to the transaction date.

If you have owned property elsewhere in Australia or overseas within 5 years prior to the transaction date, you are not eligible for the HBC. An equitable interest refers to an interest you may own in property, indirectly, by being a beneficiary of a trust. A common example is that you are the beneficiary of a bare trust or a fixed trust. If you have disposed of this interest in the trust less than 5 years prior to the transaction date, you are not eligible for HBC.

For example: Jane and Adam owned a house in Banks, they settled the sale on 30 June 2022. On 30 December 2024, Jane and Adam entered   a contract to purchase a new property in Reid. On the transaction date of 30 December 2024, Jane and Adam had a legal interest in property within the previous 5 years of the transaction date, ie: the property they owned in Banks. Jane and Adam are not eligible for HBC, as they failed the property ownership criterion.

There are some exemptions to the property requirement. For example, if a court order requires you to relinquish your interest in a property, following a relationship breakdown, this prior property interest may be an allowed interest. The timing of a court order is crucial; court orders are not effective until they have been sealed by the court (consent orders between parties are not legally enforceable until they have been sealed by the court). Court orders should be sealed and require you to relinquish a property prior to you entering into a new transaction for which you want to claim the HBC. If you dispose of a property interest prior to the court orders being sealed, then you were not ‘required to relinquish’ under an order of the court. Your prior property interest would disqualify you from the HBC concession because you owned this property within the previous 5 years.

You are recommended to carefully read the instrument to see if you meet exemption criteria, and/or seek independent financial or legal advice on your proposed transaction to check your eligibility for the HBC.

Income thresholds

To be eligible for the HBC, the income of all home buyers and their domestic partners (if any) over the full financial year before the transaction date* must be less than or equal to the thresholds below.

  • From 1 July 2024, income refers to assessed taxable income, or if there is no assessed taxable income, gross income.
  • Before 1 July 2024 the income threshold applies to gross income.

Your assessed taxable income will be located on the Notice of Assessment issued by the Australian Taxation Office for the financial year. Generally, your taxable income is your income minus deductions.

Gross income is your total income from all sources and does not include any deductions. Your gross income is the sum of all earnings, including earnings other than employment income such as interest, dividends, fringe benefits, foreign income, payouts etc.  The income for a self-employed person is their business’s trading profit, not the business’s turnover. A person is self-employed if they are a sole trader, not if they are a director, shareholder and/or employee of their company. Your partner’s income must be included, even if they won't be owner of the home.

* The transaction date refers to the date that a liability for duty occurs. Often the first time a liability arises is the date of exchange where you sign and exchange contracts for the purchase of the property and pay the deposit. The transaction date is rarely the date you settle the purchase of the property.

Income threshold for transactions from 1 July 2024

Number of dependent children Total income threshold
0 $250,000
1 $254,600
2 $259,200
3 $263,800
4 $268,400
5 or more $273,000
Number of dependent children Total gross income threshold
0 $170,000
1 $173,330
2 $176,660
3 $179,990
4 $183,320
5 or more $186,650
Number of dependent children Total gross income threshold
0 $160,000
1 $163,330
2 $166,660
3 $169,990
4 $173,320
5 or more $176,650

Concession cap

From 1 July 2021, the amount of the home buyer concession is capped.

Year Maximum concession amount
2025-26$35,238
2024-25 $34,270
2023-24 $34,504
2022-23 $34,790
2021-22 $35,910

Thresholds

The concessional duty for HBC is based on the thresholds below for transactions between:

On or after 1 July 2025

Property valueDuty payable
Less than or equal to $1,020,000 $0
More than $1,020,000 but less than $1,455,000 $6.40 for every $100, or part of $100, by which the dutiable value exceeds $1,020,000
$1,455,000 or more a flat rate of $4.54 per $100 applied to the total dutiable value, less an amount of $35,238
Property valueDuty payable
Less than or equal to $1,000,000 $0
More than $1,000,000 but less than $1,455,000 $6.40 for every $100, or part of $100, by which the dutiable value exceeds $1,000,000
$1,455,000 or more a flat rate of $4.54 per $100 applied to the total dutiable value, less an amount of $34 270
Property valueDuty payable
Less than or equal to $1,000,000 $0
More than $1,000,000 but less than $1,455,000 $6.40 for every $100, or part of $100, by which the dutiable value exceeds $1,000,000
$1,455,000 or more a flat rate of $4.54 per $100 applied to the total dutiable value, less an amount of $34 504
Property valueDuty payable
Less than or equal to $1,000,000 $0
More than $1,000,000 but less than $1,455,000 $6.40 for every $100, or part of $100, by which the dutiable value exceeds $1,000,000
$1,455,000 or more a flat rate of $4.54 per $100 applied to the total dutiable value, less an amount of $34 790
Property valueDuty payable
Less than or equal to $1,000,000 $0
More than $1,000,000 but less than $1,455,000 $6.40 for every $100, or part of $100, by which the dutiable value exceeds $1,000,000
$1,455,000 or more a flat rate of $4.54 per $100 applied to the total dutiable value, less an amount of $35 910
Property typeDuty payable
Home $0
Vacant land $0
Property typeDuty payable
Home $0
Vacant land $0

Residency requirements

At least one buyer must live in the home continuously for a minimum of 1 year. They must commence residence within one year of either; the settlement date (for an eligible home), or the date that a certificate of occupancy has been issued (for vacant land).

The Commissioner for ACT Revenue can exempt you from the residency requirements, in full or in part, but only if:

If you do not meet the residency requirements, you will be liable to pay full conveyance duty in relation to the transaction unless an exemption is granted. Penalty tax or interest may also apply if the requirements are not met.

If you have any concerns about your residency, you should contact us as early as possible.

If you or your child has experienced family violence from a domestic partner, you may be subject to different eligibility requirements under the Home Buyer Concession Scheme.

If you have evidence through a family violence order or injunction, before the date of the transaction and within the last 5 years, you can still have held other property in the last 5 years.

You must still meet the income test, however, the taxable income of the domestic partner associated with the family violence is excluded. Additionally, the domestic partner associated with the family violence cannot occupy or reside in the property during the residency period.

From 1 July 2025, a competent person declaration form can also be provided as evidence (A form will be available in due course). This must be completed by a competent person who:

  • has previously consulted with you or your dependent child, as part of their professional practice, and
  • holds a reasonable belief that you or your dependent child has experienced family violence within the 5 years preceding the transaction date.

The competent person declaration at no point seeks any detail (specific or general) about the family violence.

A competent person is a person in their professional practice who is employed or otherwise engaged by a non-for-profit entity that receives funding from the Territory to provide a professional service in relation to any of the following:

    1. family violence;
    2. sexual assault;
    3. a refuge or other emergency accommodation for people in crisis;
    4. children or young people, including their families; and
  2. a health practitioner who practices in any of the following health professions:
    1. Aboriginal and Torres Strait Islander health practice;
    2. medical;
    3. midwifery;
    4. nursing;
    5. psychology;
  3. an employee of the Territory providing professional services in relation to child welfare;
  4. a person with a social work qualification the provides eligibility for membership of the Australian Association of Social Workers;
  5. a member of the human rights commission;
  6. the Aboriginal and Torres Strait Islander children and young people commissioner; and
  7. for a declaration made in relation to an eligible home buyer with a dependent child or in relation to the dependent child — a person who is a mandated reporter.

How to claim?

If you are eligible to claim the HBC with reference to the family violence provisions, you will need to declare concession code FVC24 on the Buyer Verification Declaration. If you are seeking to defer your duty you should declare concession code FV24D. This should be done before you register the title transfer with Access Canberra.

You will be required to provide evidence of either the family violence orders, an  injunction under sections 68B or section 114 of the Family Law Act 1975 (Cwlth), or a competent person declaration form, completed by a competent person, to support your claim.

If you do not declare the Home Buyer Concession code on the Buyer Verification Declaration before you register your title transfer, you can submit a late claim using the Application for concession, exemption or correction of duty after registration of title. When we receive your claim, we will issue you a Notice of Reassessment with the concession applied.


What happens if you do not have evidence?

If you do not have evidence through family violence orders or injunctions, you may still be eligible for a waiver (partial or full) from duty, if you have owned property in the last 5 years. However, you will still be required to provide evidence of the family violence. A statutory declaration made by you (the applicant) will not be sufficient.

In addition, you must still meet the requirements of the Home Buyer Concession Scheme, such as the income test, which excludes the income of the domestic partner associated with the family violence.  The same cap on the amount of benefit also applies.

Please email your request for a waiver, together with the following information, to Duties@act.gov.au:

  • Details of your family circumstances and any evidence that you can provide to show that you have experienced family violence within the past 5 years
  • Contract for Sale
  • Transfer form or new crown lease
  • Evidence of assessed taxable income (income tax returns)
  • Birth certificate for the youngest child (this will determine the income threshold)

If you are requesting a waiver from duty, you do not need to add a concession code on the Buyer Verification Declaration. Instead, an assessment of duty will be made after considering your request for a waiver, and if you are eligible a (full or partial) duty waiver will be provided.

For more information and assistance with requesting a waiver, please email Duties@act.gov.au.

For agreements made on or after 27 May 2025, if you are legally married but separated from your spouse; their income or property interests may be excluded from the HBC requirements, provided the Commissioner is satisfied that:

  • there has been a dissolution, annulment or irretrievable breakdown of the domestic relationship, and
  • you are not cohabitating with the spouse and there is no likelihood of cohabitation being resumed.

You will be required to provide evidence of separation from your spouse.

How to claim?

If you are eligible under the HBC for a full duty concession with reference to the separation provisions, you will need to declare concession code DPS25 on the Buyer Verification Declaration. If you are eligible for a partial duty concession, you may choose to defer the balance by using code DP25D. This should be done before you register the title transfer with Access Canberra.

If you do not declare the HBC concession code number on the Buyer Verification Declaration before you register your title transfer, you can submit a late claim using the Application for concession, exemption or correction of duty after registration of title. When we receive your claim, we will issue you a Notice of Reassessment with the concession applied.

Questionnaire

To assist you in determining your eligibility and to find out what documents you will need to keep, you can complete the following questionnaire.

The questionnaire is intended to be used by you as a guide only, to help you better understand whether you may be eligible for any ACT Government home buyer assistance schemes.

If the eligibility assessment result states that you may be eligible, this is indicative only and should not be relied upon as confirmation of eligibility or approval.

Users should use their own judgement in using the eligibility assessment tool and carefully evaluate the accuracy, currency, completeness and relevance of the information it provides.

All concessions and exemption applications at the ACT Revenue Office are self assessed. You are obligated to ensure that all the eligibility criteria have been met (or will be met) before applying for any concession or exemption code in the Buyer Verification Declaration.

You should undertake your own inquiries into the eligibility requirements. This may include obtaining information from this website, legislation, or independent professional advice.

Information and eligibility criteria are available on the Home Buyer Concession Scheme webpage. The concession code can be found on the Codes and Supporting Documents webpage.

The questionnaire will be updated in due course. Information and eligibility criteria are available on the Home Buyer Concession Scheme webpage. The concession code can be found on the Codes and Supporting Documents webpage.

How to claim?

If you're eligible, to claim the concession you will need to reference the concession code number on the Buyer Verification Declaration before you register the title transfer with Access Canberra. For transactions on or after 1 July 2024 the concession code number is HBC24. You do not need to give us any other documents at this time.

If you do not claim the HBC concession code number on the Buyer Verification Declaration before you register your transfer, you can submit a late claim using the Application for concession, exemption or correction of duty after registration of title form. When we receive your claim, we will assess your eligibility for the concession and notify you of your liability for duty.

If you wish to apply for a duty deferral you must do so when you lodge the Buyer Verification Declaration. Please note that duty deferrals cannot be applied for in retrospect, after the property transfer is registered with Land Titles, per section 75AB (2) of the Duties Act 1999. For transactions on or after 1 July 2024 the concession code is HB24D and should be entered on the Buyer Verification Declaration before you lodge for registration at Access Canberra.

You do not need to give us any other documents currently.

What happens next?

We'll issue you a Notice of Assessment for duty with the concession applied, based on your declaration that you are eligible for the HBC.  You do not have to take any further action, unless your circumstances change, in which case you will need to notify our office.

After you’ve received your assessment, we may contact you to verify your eligibility for the concession. For example, we may require you to give us copies of any documents that support your eligibility, or we may ask you to prove your residency at the home. You need to keep copies of your supporting documents for at least five years after the transaction date.

Please Note: We review claims and conduct investigations into the HBC on an ongoing basis.

Reference Material

Further information on the HBC can be located using the information below: