Eligible buyer means they must: 

• be a natural person (not a company or trust); and
• be at least 18 years of age*; and
• at the date of the dutiable transaction at least one transferee must be an Australian citizen or permanent resident.
  
  

* Under section 46U(2) of the Act the Commissioner may exempt an eligible buyer from the requirement of being at least 18 years of age if the Commissioner is satisfied the transfer of land to the person does not form part of a scheme to circumvent requirements affecting eligibility for a duty concession under section 46X of the Act.

An eligible dwelling* must be situated on land that:

• comprises a lot in a strata scheme; or
• is conjoined (as defined in section 46V of the Act) with one or more other dwellings.

* Under section 46V(2)(c) of the Act the Commissioner has a discretion to make a determination that a dwelling is an eligible dwelling. A decision by the Commissioner in relation to this section is a non-reviewable decision within the meaning of the Taxation Administration Act 1997.

Eligible transaction means a transfer of land on which an eligible dwelling is situated and meets the following requirements:

• each of the transferee(s) is an eligible buyer; and
• the eligible dwelling did not have an occupancy permit granted at the time the agreement for sale was executed; and
• the agreement for sale was entered into between 1 July 2024 and 30 June 2026 (inclusive); and
• has a dutiable value of $750 000 or less; and
• the transfer occurs before 30 June 2031; and
• the dutiable value has not been determined under section 19(2) of the Act; and
• has not received a duty concession or duty exemption under Chapter 2 of the Act; and
• a grant authorised under the First Home Owner Grant Act 2000 has not been paid in respect of the transfer.