On the 21 February 2023, Revenue NSW communicated that NSW surcharge provisions are inconsistent with a number of international tax treaties entered into by the Federal Government.

India, Japan, Norway and Switzerland have since been identified as additional nations that have international tax treaties with the Federal Government which may affect surcharge purchaser duty and surcharge land tax liability.

Individuals that are purchasing residential-related property or land in their own capacity will no longer be required to pay surcharge purchaser duty or surcharge land tax if they are a citizen of one of the following nations:

• New Zealand
• Finland
• Germany
• India
• Japan
• Norway
• Switzerland
• South Africa

Surcharge purchaser duty or surcharge land tax liability for non-individuals, such as corporations, trusts or partnerships that arises because of an entity’s affiliation with these nations, may also be affected by the international tax treaties.

The refund period has now been extended . Refunds may be available for purchasers/transferees, and landowners, from the nations concerned who paid surcharge purchaser duty or surcharge land tax on or after 1 January 2021 (previously 1 July 2021).

For frequently asked questions and key information:

• Frequently asked questions for individuals
• Surcharge Purchaser Duty Guide for professionals