Written by

Steven Lee

Mortgage Director, ODIN Mortgage & Tax

10+ years in Australian banking and mortgage lending

Last reviewed

Updated on: June 10, 2026 View profile →

Do I Have to Pay Stamp Duty When Refinancing?

You know refinancing can save you money — but could stamp duty ruin the deal?

Here’s the good news: in most cases when you refinance your home loan in Australia, you won’t have to pay stamp duty — especially if nothing about your ownership or mortgage amount changes. But here’s the catch — some scenarios do trigger duty:

When you increase your loan amount significantly (e.g. cashing out equity)
If you change the names on the title (adding or removing owners)
Certain state rules or thresholds can also apply.

This guide walks you through all the rules by state and circumstance — when stamp duty does apply in refinancing, when you’re exempt, and how to structure your refinance to avoid surprises. Refinance with confidence. Let’s go.

Do I Have to Pay Stamp Duty When Refinancing?

Usually, no. If you’re simply switching loans, either to a different lender or to get a better rate, you typically won’t pay stamp duty.

However, you may need to pay stamp duty if:

The ownership of the property changes
The loan amount increases significantly in some states

Stamp duty mainly applies when property changes hands, not when replacing a loan with another.

The amount is usually a percentage of the property’s market value or sale price. Keep in mind that it’s different from the old mortgage duty.

It’s crucial to always check your specific state’s rules and consider seeking professional advice.

Why Stamp Duty Isn't Usually Paid on Basic Refinancing

Stamp duty isn’t usually paid in a simple refinance because the property, borrowers, and loan amount stay mostly the same.

The abolition of general mortgage duty in all Australian states and territories is key here.

For example, NSW was the last state to abolish it, effective from 1 July 2016. So, just taking out a new mortgage to replace an old one (a “like-for-like” refinance) is typically not a taxable event itself.

This addresses the common query, “Is there stamp duty when refinancing?” for basic scenarios.

👉 Check out: Types of Refinance in Australia

When Could You Pay Stamp Duty When Refinancing?

You may face stamp duty costs when refinancing your home loan if it involves changing the property’s legal title.

In some states, significantly increasing your loan amount, often called cash-out refinancing, can also attract duty.

It’s these specific situations that you need to be aware of. Understanding the triggers is vital.

Changing the Property Title

Stamp duty will usually apply if you change the legal ownership of your home. This is considered a transfer of ownership.

Examples include:

Adding a spouse or partner to the title
Removing a former partner after separation
Transferring ownership to a family member

Some states offer exemptions for transfers between spouses, especially for the primary residence, but conditions apply.

Cash-Out Refinancing (Large Loan Increases)

If you borrow much more than your old loan balance, this is cash-out refinancing.

Some states may consider the addition a new borrowing event and charge stamp duty on it.

New South Wales, for instance, offers a refinancing concession up to a certain amount. However, borrowing beyond that could attract stamp duty.

Does Changing Lenders Affect Stamp Duty?

Just changing your lender does not trigger stamp duty. This is as long as the ownership stays the same and there are no major changes to the loan structure.

You may still need to pay other fees like discharge, application, or mortgage registration fees.

👉 For the ideal refinancing scenario and timing, see: When to Refinance Your Mortgage in Australia

State-by-State Stamp Duty When Refinancing

Stamp duty rules for refinancing change based on whether you’re altering property titles or boosting your loan. It also varies by state and territory.

Below is a quick overview of the stamp duty triggers when refinancing in Australia. It’s followed by a more detailed look at each jurisdiction.

State / Territory	Stamp Duty on Basic Refinance?	When It Might Apply	Key Exemptions	Official Revenue Office Link
New South Wales	No	Title changes or major loan increases	Transfers between spouses (conditions apply)	Revenue NSW
Victoria	No	Title changes	Spousal transfers with no consideration	State Revenue Office Victoria
Queensland	No	Title changes	PPR transfer to spouse by gift	Queensland Revenue Office
Western Australia	No	Title changes	Nominal duty for spousal PPR transfers	WA Department of Finance
South Australia/strong>	No	Title changes	Shared residence transfers between spouses	RevenueSA
Tasmania	No	Title changes	Transfers between spouses or caring partners	State Revenue Office Tasmania
Australian Capital Territory	No	Title changes	Transfers to partner (must hold in equal shares)	ACT Revenue Office
Northern Territory	No	Title changes	Transfers to spouse without payment	NT Treasury and Finance

Always check with your State Revenue Office or a legal professional to confirm your situation. This will help you understand and answer the question, “Do you pay stamp duty when refinancing?” per your situation.

New South Wales (NSW)

In NSW, basic refinancing for the same amount usually avoids mortgage duty. This is thanks to its abolition in 2016.

However, stamp duty concerns arise if you increase your loan or change the property title.

NSW has a “Refinancing Concession,” meaning duty is paid up to a certain amount (lesser of previous duty-paid sum or $1M). If your new loan exceeds this, duty is on the total new amount, with a credit for prior duty paid or on the $1M.

If you add a spouse to the title, transfer duty applies to that share.

An exemption exists for residential land transfers between partners if it results in equal ownership and meets other conditions, like no monetary consideration (though mortgage liability assumption is okay).

Victoria (VIC)

Victoria has also abolished mortgage duty. So, simple refinancing without ownership changes typically avoids stamp duty on the mortgage.

The main stamp duty (land transfer duty) concern is if property ownership changes.

There’s no clear rule imposing stamp duty on a cash-out refinance if ownership is unchanged, given mortgage duty abolition.

An exemption exists for transferring a Principal Place of Residence (PPR) between spouses for no consideration. This “no consideration” rule allows the new partner to take on or increase mortgage liability for genuine refinancing or improvements.

Queensland (QLD)

Mortgage duty was abolished in Queensland in 2008. This means a straightforward refinance usually won’t attract stamp duty on the mortgage.

The primary duty is transfer duty if property interest changes. A cash-out refinance with no ownership change is unlikely to trigger duty.

An exemption exists for transferring a share of a PPR to a spouse by gift, if they become co-owners and live there.

Interestingly, transferring a mortgage security itself incurs a nominal $5 duty if solely over Queensland land. This seems more administrative than a tax on the loan amount. This helps clarify “do you pay stamp duty when refinancing” in QLD.

Western Australia (WA)

WA focuses on transfer duty for property transactions. There’s no specific mention of mortgage duty on refinancing, aligning with its nationwide abolition.

A cash-out refinance without an ownership change is unlikely to attract duty. If you change the property title, it’s a dutiable transaction.

However, a key concession applies: nominal duty (often $20) for PPR transfers between married or de facto partners (of at least two years) if it results in equal joint ownership. This offers a significant benefit.

South Australia (SA)

Basic refinancing doesn’t attract stamp duty. SA abolished stamp duty on mortgages fully by 2009, with earlier exemptions for owner-occupied refinancing.

A cash-out refinance without property ownership changes is unlikely to have stamp duty. If you change the property title, transfer duty generally applies.

An exemption may apply for transferring a “shared residence” between spouses or domestic partners, subject to conditions like PPR status.

Tasmania (TAS)

Tasmania has also abolished mortgage duty. Simple refinancing without ownership changes won’t usually incur stamp duty on the mortgage.

Property transfer duty is the concern if ownership changes. A cash-out refinance with no ownership change is unlikely to attract duty.

Tasmania offers an exemption for PPR transfers between parties in a marriage, significant relationship, or caring partnership. Key conditions include the property becoming jointly owned in equal shares. This inclusive “personal relationship duty exemption” is a notable feature.

Australian Capital Territory (ACT)

The ACT Revenue Office states no conveyance duty (stamp duty) when refinancing if property ownership remains the same. This applies even if you change lenders.

This covers cash-out refinancing. However, if you change the property title, like adding a partner, it is a dutiable transaction.

An exemption exists for transferring a PPR to a partner (spouse or de facto). The property must then be held as joint tenants, tenants in common in equal shares, or in shares proportionate to their contributions.

Northern Territory (NT)

In the NT, stamp duty applies to land conveyances. While details on mortgage-specific duty for refinancing are sparse, it likely follows the national trend.

A cash-out refinance without an ownership change probably isn’t dutiable. Changing the property title is a conveyance and generally subject to NT stamp duty.

Exemptions exist for family transfers, like transferring a home share to a spouse who pays nothing. Exemptions also cover de facto and matrimonial property settlements. Specific conditions for these spousal transfers require checking with the NT Territory Revenue Office.

👉 If you’re unsure whether you qualify, see: Am I Eligible for Refinancing?

AU Expats—Refinancing from Overseas?

What About Mortgage Duty in Australia?

The good news for anyone asking, “Do I have to pay stamp duty when refinancing?” is that “mortgage duty” is mostly a thing of the past.

Mortgage duty—a tax that was once charged on mortgage documents—has been abolished across all Australian states and territories.

That’s why simple refinancing today usually doesn’t attract this type of duty. This change significantly simplifies the costs involved and makes refinancing more straightforward.

The Past: Duty on Mortgage Documents

Before, many states levied a specific duty on mortgage documents themselves. Just creating a new mortgage during refinancing could trigger this duty.

It didn’t matter if the lender, loan amount, or property ownership changed. This made refinancing potentially more expensive due to stamp duty costs.

The Present: Abolition and Its Impact

General mortgage duty is now abolished in all Australian states and territories. NSW was the last (2016), while states like SA and QLD abolished it earlier.

This means that for a simple refinance, no stamp duty is typically levied on the new mortgage document.

However, distinguish this from transfer duty (for title changes) or specific state rules on increased loan amounts.

So, is there stamp duty when refinancing in Australia today? No, not in the majority of cases.

👉 See Australian Refinancing Myths and Reality Checks for other refinance facts and insights.

Other Costs Beyond Stamp Duty When Refinancing

Even if you avoid stamp duty when refinancing, it’s rarely a free process.

Here are the common fees to look out for.

Discharge fees from your current lender
Application fees with the new lender
Valuation fees
Registration fees to update your mortgage
Lenders Mortgage Insurance (LMI) if borrowing more than 80%
Break fees if exiting a fixed-rate loan early

👉 For details, see: How Much Does It Cost to Refinance a Home Loan?

Get Clear Advice When Refinancing

Consult your state’s revenue office and seek professional legal or financial advice before you proceed.

This is especially true if your refinance involves changing property ownership or taking out a much larger loan.

Taking these steps can save you headaches. It ensures you understand any stamp duty implications.

Consult Your State Revenue Office

Each Australian state and territory has a revenue office that manages duties. Their official websites are your primary source for rulings and more information.

You can find links to these offices in the “State-by-State Stamp Duty When Refinancing” section above.

Always refer to them for the most current rules on stamp duty in refinancing.

Seek Professional Advice

Talk to a qualified conveyancer, solicitor, specialist mortgage broker, or financial advisor. They can offer advice tailored to your situation.

These professionals can clarify potential stamp duty liabilities. They can also help claim exemptions and ensure you meet all legal and financial requirements.

This is key to smoothly navigating refinance stamp duty.

👉 See: Will Refinancing Save Me Money?

Stamp Duty When Refinancing as an Australian Expat

Australian expats are generally treated the same as residents when it comes to refinancing.

However, you may face foreign buyer surcharges if:

You’re not an Australian citizen or permanent resident
The refinance involves a change in property ownership

Residency definitions vary between state tax offices and the Australian Taxation Office (ATO). So, it’s essential to confirm your status before refinancing.

General Rules for Aussie Expats

For overseas Australians, refinancing is treated similarly to other Aussies regarding stamp duty. If it’s simple, stamp duty is unlikely.

The core principles remain the same. The focus is on whether the transaction triggers dutiable events.

When Foreign Buyer Surcharges May Apply

“Foreigner stamp duty” or “surcharge purchaser duty” usually applies when “foreign persons” buy property.

It’s not typically levied on refinancing an existing loan by an Aussie expat on their Aussie property.

However, surcharge purchaser duty can apply if it involves a dutiable event and the person is deemed foreign by the state revenue office.

The surcharge is an extra tax on top of the standard transfer duty. This is a key aspect of refinance stamp duty for expats.

Key Factors for Overseas Aussies to Consider

Aussie expats need to watch their residency status as defined by the state revenue office. This can differ from federal tax residency.

Also, consider the nature of the refinance: does it change beneficial ownership or boost the loan amount in a way that’s dutiable under state rules?

The “expat” status mainly adds the potential for foreign buyer surcharges if they engage in a dutiable acquisition while deemed a foreign person.

👉 Learn in detail with the help of overseas Australian expat tax specialist, Odin Tax.

AU Expats—Planning to Refinance from Abroad?

Key Takeaways

There is no stamp duty for most refinances in Australia. ⬆️
Stamp duty may apply if refinancing involves title changes or you increase your loan significantly. ⬆️
Stamp duty rules for refinancing vary by state—check with your revenue office. ⬆️
Mortgage duty has been abolished across all Australian states. ⬆️
Beyond stamp duty, refinancing may include discharge, application, valuation, registration, LMI, and break fees. ⬆️
Always consult state revenue offices and get professional legal or financial advice before refinancing decisions. ⬆️
Expats should confirm residency status to avoid foreign surcharges. ⬆️

Do I Have to Pay Stamp Duty When Refinancing?

Do I Have to Pay Stamp Duty When Refinancing?

Why Stamp Duty Isn't Usually Paid on Basic Refinancing