International tax treaties
It has been determined that NSW surcharge provisions are inconsistent with international tax treaties entered into by the Federal Government with certain nations. These international tax treaties are related to taxation and other matters and have been given the force of federal law.
In accordance with the international tax treaties, foreign persons from the following nations may not be subject to surcharge:
- New Zealand
- South Africa
Individuals that are citizens of the above nations purchasing residential-related property or who own land in their own capacity do not have to pay surcharge purchaser duty and surcharge land tax.
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.
Refunds may be available if you are from one of the nations concerned, and paid surcharge purchaser duty or surcharge land tax on or after 1 January 2021 (previously 1 July 2021). Eligible customers will need to apply for their refund before 30 November 2023.
Please refer to the below common questions and scenarios relating to international tax treaties.
Surcharge purchaser duty