NSW foreign surcharges – international tax treaties update – more countries excluded from the regime

In our previous article, we discuss Revenue NSW’s announcement that it has determined that NSW surcharge purchaser duty and surcharge land tax are inconsistent with international tax treaties entered into by the Australian Federal Government and certain countries (Treaty Countries).

On 29 May 2023, Revenue NSW has updated its list of Treaty Countries to now include India, Japan, Norway and Switzerland.

Arising from this update, the citizens (or related non-individuals) of the following Treaty Countries will not be liable to pay surcharge duty and surcharge land tax:

  • New Zealand

  • Finland

  • Germany

  • South Africa

  • India

  • Japan

  • Norway

  • Switzerland

Queries

Should you have any queries in relation to Revenue NSW’s update or announcement regarding the Treaty Countries or would like to further discuss your liability to surcharge purchaser duty or surcharge land tax in any state or territory in Australia, please contact our specialist state taxes team:

Thomas Abraham
Senior Associate
M +61 401 387 451 | T +61 3 9611 0178
E tabraham@sladen.com.au

Phil Broderick
Principal
M +61 419 512 801 | T +61 3 9611 0163
E: pbroderick@sladen.com.au