Do I need to pay NSW Purchaser Surcharge Duty +/or Land Tax?

New South Wales

Is the NSW Property Buyer a foreign person?

A buyer of NSW property will generally be considered a foreign person and liable to pay NSW purchaser surcharge duty [8% of the purchase price] unless:

✅ The buyer is an Australian citizen; or

✅ Has lived in Australia for more than 200 days in the 12 months before the purchase date, [+] is either:

⚖️ A New Zealand citizen, who holds a subclass 444 visa; or

⚖️ A permanent resident of Australia.

As well as paying Surcharge Purchaser Duty, foreign persons who own residential land must also pay Surcharge Land Tax.

If the situation is complex, we recommend the purchaser obtain specialist tax advice.

^ Source: LawCover Short Minutes: Surcharge Purchaser Duty


This FAQ was written by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.