5.1 Lodgements and disclosures of information
Leaseholders have an obligation to provide true and accurate information in their returns.
Leaseholders must be able to produce valid documents and records to support all amounts disclosed and all claims made in their returns.
Revenue NSW conducts compliance audits and makes use of data analytics to detect anomalies.
5.2 Privacy and confidentiality
Revenue NSW gives priority to protecting the privacy of information we receive. We do this by handling information in a responsible manner and in accordance with the Privacy and Personal Information Protection Act 1998 and Taxation Administration Act 1996.
Revenue NSW may disclose your information for law enforcement, for legal proceedings arising out of a taxation law, to permitted statutory or regulatory bodies, for reciprocal taxation law administration with another Australian jurisdiction, or any other reason contained within Part 9 Division 3 of the Taxation Administration Act 1996, or as permitted by law.
If you submit information to Revenue NSW that includes data that was not requested, you should redact this information where possible.
For more privacy information regarding the collection of information about an individual, please refer to the Revenue NSW Privacy Policy.
5.3 Record keeping
Records relating to minerals recovered under your mining lease must be retained for a period of at least 7 years after the end of the financial year in which the extraction to which the records relate occurred.
5.4 Payment options
All royalty payment options are listed on the Revenue NSW make your royalty payment page.
5.5 Refunds and adjustments
If you need to make any adjustments to the royalty amounts that have been returned, including requesting a refund of an overpayment, please contact Revenue NSW.
Contact details are listed below at Part 5.10.
5.6 Interest and penalties
A tax default occurs if the correct amount of royalty is not paid by the due date. When tax defaults occur, interest and penalties are applied. Under the Taxation Administration Act 1996, royalty is taken to be a ‘tax’.
Tax default is defined in the Taxation Administration Act 1996 (TAA) as a failure by a taxpayer (for royalty purposes, this is the holder of the mining lease/sub-lease or petroleum title) to pay, in accordance with a taxation law, the whole or part of tax that the taxpayer is liable to pay.
Interest will be applied in accordance with Part 5, Division 1 of the TAA.
For the purposes of applying interest and penalty tax, a tax default in respect of mineral royalty is categorised as follows:
- a late payment - where the correct tax is paid in full after the due date but before any action has been taken by the Chief Commissioner; or
- a tax shortfall - any tax default other than a late payment
Interest is calculated on a daily basis, from the date on which an amount of royalty should have been paid until the day on which the royalty is paid.
Penalties will generally apply if royalty is underpaid. The penalty depends on the level of fault and is outlined in the TAA.
Where a tax default is found in other circumstances, such as during an audit of a leaseholder (tax shortfall), penalty tax will be imposed in line with s.27. A base rate of 25% penalty tax will apply in most cases where the tax default was within the control of the leaseholder and reasonable care was not taken. However, the full circumstances surrounding the tax default will be considered in each case.
Voluntary disclosure before or during the audit can give you a reduced penalty. On the other hand, hindering or obstructing the auditor or concealing information will result in increased penalties. If you have any questions about how penalties are applied, ask the auditor for assistance.
If you cannot pay your royalty by the due date, please contact our Tax debt management team.
Phone
Phone 1300 368 710 if you are calling from within Australia or, +612 3814 0266 if you are calling from overseas.
Email
Send an email to [email protected] or contact tax debt
5.7 The compliance program
Revenue NSW conducts compliance audits to ensure the correct amount of royalty is paid. Supporting documentation for sales, allowable deductions and other amounts will be required at audit. It is important that all relevant documentation is retained for the required period and is available upon request.
5.8 Disputes and objections
Leaseholders that disagree with a decision or an assessment that has been issued can lodge a written dispute or an objection. The grounds for dispute or objection must be stated fully, in detail and must be in writing.
Further details on disputes and objections are available at;
- Clause 75 of the Mining Regulation, 2016 for disputes, and
- Part 10 of the Taxation Administration Act, 1996 for objections.
You may lodge your written dispute or objection in the following ways.
Email
Disputes
Contact NSW Resources, email [email protected]
Objections
Contact Revenue NSW, email [email protected]
Online
You can lodge an objection with Revenue NSW using our online form. Please ensure you select 'Royalties' as the objection type.
Find out more about disputes and objections.
5.9 Request a private ruling
A private ruling relates to a particular situation and is issued when you encounter a specific situation where the legislation, or revenue ruling, is not clear and there is room for doubt as to how the legislation or ruling should be applied.
When applying for a private ruling, the reasons and the facts of the transaction or arrangement must be detailed in full. Further, the following must be provided:
- your interpretation of the application of the relevant legislation to the issue
- supporting arguments and any relevant case law and
- a draft or unexecuted documents where appropriate.
We aim to issue a private ruling within 60 days of receiving the application.
Visit the Private rulings and special tax arrangements page for more information and for details of how to apply for a private ruling.
5.10 Royalty contacts
You can talk with our team from 8:30am to 5:00pm, Monday to Friday or contact us in writing.
- If you're calling international or if you cannot use 1300, please call the
+612 number below. - You can also contact us by email or send a letter – you'll find our addresses below.
Phone
1300 139 817 or +61 2 7808 6915 (if overseas)
Email
[email protected]
Postal address
Revenue NSW
Royalties
GPO Box 4042
Sydney NSW 2001
