Surcharge purchaser duty

If you are considered a foreign person and acquire residential-related property in NSW, you must pay surcharge purchaser duty.

Surcharge Purchaser Duty is calculated on the dutiable value (the greater of the purchase price or value) and is paid in addition to transfer duty payable when you buy a property.

Foreign persons

Individuals, corporations and trustees of a trust can be considered foreign persons for the purposes of surcharge purchaser duty.

Generally, you are not a foreign person if you are a:

• citizen of Australia or
• person who is ordinarily resident in Australia

The following pages will help you determine your foreign status and if you must pay surcharge purchaser duty.

• Surcharge for individuals
• Surcharge for corporations and trusts
• Surcharge exemptions and concessions.

Transactions that attract surcharge purchaser duty

If you are considered a foreign person, you may have to pay surcharge purchaser duty on a variety of property transactions involving residential-related property. These include but are not limited to:

• agreements for sale of land
• property transfers
• declarations of trust.

Surcharge purchaser duty tool

The Surcharge purchaser duty tool will help you determine if you are a foreign person who may have to pay surcharge purchaser duty.

Surcharge purchaser duty tool

Surcharge purchaser duty calculator

You can find out how much transfer duty and surcharge purchaser duty you must pay using our online calculator.

Surcharge duty calculator

Payment due date

Surcharge purchaser duty must be paid on the earlier of:

• 3 months from the date of the contract or agreement to acquire the residential-related property in NSW or
• on or before settlement

Payment of surcharge purchaser duty later than 3 months after the contract date will result in interest and penalties being charged.

Declaring your foreign status

When you acquire residential-related property in NSW, you must complete a purchaser/transferee declaration form and provide supporting documents so we can determine if you must pay surcharge purchaser duty.

If there are multiple purchasers/transferees, each one must complete a declaration.

• Purchaser/transferee declaration for individuals
• Purchaser/transferee declaration for companies and trusts

Other supporting documents outlined in the purchaser/transferee declaration - explanatory notes must be provided upon request.

Contact us

Contact us for more information about your foreign buyer status or your liability to pay surcharge purchaser duty.