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Learn about surcharge purchaser duty in New South Wales, including who must pay it, which properties it applies to, how it is calculated and when it is payable.
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Surcharge purchaser duty is a state tax that may be payable when foreign persons acquire an interest in residential-related property.
It applies to a range of transactions, such as:
agreements for sale of land
property transfers, and
declarations of trust.
Individuals, corporations and trustees of a trust may be considered foreign persons.
Surcharge purchaser duty is calculated on the dutiable value of the residential-related property.
It must be paid in addition to transfer duty (stamp duty).
Who pays surcharge purchaser duty
You must pay surcharge purchaser duty to Revenue NSW if you:
Learn about the laws that apply if you acquire residential-related property through a corporation or trust.
Need more detailed information?
Revenue Ruling G009: Definition of a foreign person outlines how Revenue NSW determines ‘foreign person’ status for surcharge purchaser duty and surcharge land tax, covering individuals, corporations and trusts.
If you are a solicitor, conveyancer or accountant read the surcharge purchaser duty guide in the Property Professionals Resource Centre.
What is residential-related property
Residential-related property includes residential land, such as:
A parcel of land — where there are one or more dwellings on it (includes dwellings under construction).
A strata lot — if it is lawfully occupied as a separate dwelling, or suitable for lawful occupation as a separate dwelling.
A parcel of vacant land — zoned or otherwise designated for use for residential or principally for residential purposes.
A utility lot — if its use is restricted to the owner or occupier of a strata lot.
Land use entitlement — if it entitles the holder of the land use entitlement to occupy a building, or part of a building, as a separate dwelling e.g. company title and residential flats.
Residential-related property also includes:
an interest in residential-related property
an option to purchase residential land in NSW, and
a partnership interest (being an interest in a partnership that has partnership property that is residential-related property).
Generally, surcharge purchaser duty is paid with other funds transferred at the time of the property settlement.
Your legal representative will work with you to ensure the duty is paid and ready for settlement.
Payment options, such as Electronic Funds Transfer (EFT) and BPAY, are listed on your Duties Notice of Assessment (Notice of Assessment).
This is a document from Revenue NSW that shows how much duty a purchaser or transferee owes. If you use a legal representative, your Notice of Assessment is sent to them.
Read more about paying duties, including what happens when duty is overdue.
Refunds
You may be eligible for a refund in certain circumstances, including if:
your foreign status changed so that you were no longer considered a foreign person at the date the property was transferred to you, and/or
the share being acquired by a foreign person under the agreement has been reduced.
If you realise that you paid the incorrect amount of duty or did not meet conditions that applied after your transaction, we encourage you to make a voluntary disclosure.
Foreign persons who own residential property in NSW may also be liable for surcharge land tax.
Contact us
Call the duties team on 1300 139 814 or +61 2 7808 6916 if you are overseas. Staff are available Monday to Friday, 8.30am to 5.00pm AEST (excluding public holidays).
