{"id":"nsw:act-1956-027","name":"Land Tax Act 1956","slug":"land-tax-act-1956","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"27 of 1956","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":111230,"registerId":"nsw-act-1956-027-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act and construction","content":"#### 1 Name of Act and construction\n\n1 Name of Act and construction\n\n> This Act may be cited as the [Land Tax Act 1956](/view/html/inforce/current/act-1956-027) and shall be read and construed with the [Land Tax Management Act 1956](/view/html/inforce/current/act-1956-026), in this Act hereinafter referred to as the Principal Act.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences upon the first day of November, one thousand nine hundred and fifty-six.","sortOrder":1},{"sectionNumber":"2A","sectionType":"section","heading":"Definitions","content":"#### 2A Definitions\n\n2A Definitions\n\n> In this Act—\n> \n> foreign person has the same meaning as in Chapter 2A of the [Duties Act 1997](/view/html/inforce/current/act-1997-123).\n> \n> non-concessional company means a company classified as a non-concessional company under section 29 of the Principal Act.\n> \n> premium rate threshold, in relation to a land tax year, means the premium rate threshold for that land tax year as determined in accordance with the Principal Act, Part 7, Division 4.\n> \n> residential land has the same meaning as in Chapter 2A of the [Duties Act 1997](/view/html/inforce/current/act-1997-123).\n> \n> retirement visa holder has the same meaning as in Chapter 2A of the [Duties Act 1997](/view/html/inforce/current/act-1997-123).\n> \n> surcharge land tax—see section 5A.\n> \n> tax threshold means—\n> \n> > (a) in relation to a land tax year before the 2005 land tax year—the tax threshold determined in accordance with section 62TB of the Principal Act, as in force immediately before the repeal of the section, and\n> \n> > (b) in relation to the 2006 land tax year or any subsequent land tax year—the tax threshold determined in accordance with the Principal Act, Part 7, Division 4.\n> \n> **s 2A:** Ins 1998 No 81, Sch 2 \\[1\\]. Subst 2005 No 42, Sch 2 \\[1\\]. Am 2008 No 122, Sch 3.1 \\[1\\]; 2017 No 67, Sch 2 \\[1\\]; 2019 No 8, Sch 2.2 \\[1\\]; 2024 No 38, Sch 3\\[1\\]–\\[3\\].","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Levy of land tax","content":"#### 3 Levy of land tax\n\n3 Levy of land tax\n\n> > (1) Except as provided by subsection (1A), in respect of the taxable value of all the land owned by any person at midnight on the thirty-first day of December in any year from 1973 to 1983, both inclusive, there shall be charged, levied, collected and paid under the provisions of the Principal Act and in the manner therein prescribed, land tax for the period of twelve months commencing on the first day of January in the next succeeding year and at the respective rates set out in Schedule 1.\n> \n> > (1A) In respect of the taxable value of all the land owned at midnight on 31 December 1983 by a company classified under section 29 of the Principal Act as a non-concessional company, land tax for the period of 12 months commencing on 1 January in the next succeeding year shall, except as provided by section 27 (2A) of the Principal Act, be charged, levied, collected and paid as referred to in subsection (1) at the rate of 2.4 cents for each $1 of the taxable value.\n> \n> > (1B) (Repealed)\n> \n> > (2) Where the total amount of land tax payable pursuant to this section by any person in any year would, but for this subsection, be less than $50, no land tax shall be payable.\n> \n> > (3) (Repealed)\n> \n> **s 3:** Am 1963 No 40, sec 3; 1965 No 33, First Sch; 1967 No 59, sec 3; 1968 No 62, sec 3; 1969 No 69, sec 3; 1970 No 64, sec 3; 1971 No 48, sec 3; 1973 No 70, sec 7 (a); 1975 No 83, Sch (1); 1983 No 172, Sch 1 (1); 1984 No 130, Sch 1 (1); 1999 No 10, Sch 3 \\[1\\].","sortOrder":3},{"sectionNumber":"3AA","sectionType":"section","heading":"Levy of land tax after 31 December 1984","content":"#### 3AA Levy of land tax after 31 December 1984\n\n3AA Levy of land tax after 31 December 1984\n\n> > (1) Except as provided by subsection (2), in respect of the taxable value of all the land owned by any person at midnight on 31 December 1984 there shall be charged, levied, collected and paid under the provisions of the Principal Act and in the manner therein prescribed, land tax for the period of 12 months commencing on 1 January in the next succeeding year and at the rates set out in Schedule 2.\n> \n> > (2) In respect of the taxable value of all the land owned by a person at midnight on 31 December 1984 where—\n> > \n> > > (a) the owner is a company classified under section 29 of the Principal Act as a non-concessional company, or\n> > \n> > > (b) the land is subject to a discretionary trust,\n> > \n> > land tax for the period of 12 months commencing on 1 January in the next succeeding year shall, except as provided by section 27 (2A) of the Principal Act, be charged, levied, collected and paid as referred to in subsection (1) at the rate of 2.5 cents for each $1 of the taxable value.\n> \n> > (3) Where the total amount of land tax payable pursuant to this section by any person in any year would, but for this subsection, be less than $50, no land tax shall be payable.\n> \n> > (4) (Repealed)\n> \n> **s 3AA:** Ins 1984 No 130, Sch 1 (2). Am 1985 No 216, Sch 1 (1); 1999 No 10, Sch 3 \\[2\\].","sortOrder":4},{"sectionNumber":"3AB","sectionType":"section","heading":"Levy of land tax after 31 December 1985 and before 1 January 1988","content":"#### 3AB Levy of land tax after 31 December 1985 and before 1 January 1988\n\n3AB Levy of land tax after 31 December 1985 and before 1 January 1988\n\n> > (1) Except as provided by subsection (2), in respect of the taxable value of all the land owned by any person at midnight on 31 December 1985 or 31 December 1986 there shall be charged, levied, collected and paid under the provisions of the Principal Act and in the manner therein prescribed, land tax for the period of 12 months commencing on 1 January in the next succeeding year and at the rates set out in Schedule 3.\n> \n> > (2) In respect of the taxable value of all the land owned by a person at midnight on 31 December 1985 or 31 December 1986 where—\n> > \n> > > (a) the owner is a company classified under section 29 of the Principal Act as a non-concessional company, or\n> > \n> > > (b) the land is subject to a special trust,\n> > \n> > land tax for the period of 12 months commencing on 1 January in the next succeeding year shall, except as provided by section 27 (2A) of the Principal Act, be charged, levied, collected and paid as referred to in subsection (1) at the rate of 2 cents for each $1 of the taxable value.\n> \n> > (3) Where the total amount of land tax payable pursuant to this section by any person in any year would, but for this subsection, be less than $100, no land tax shall be payable.\n> \n> > (4) (Repealed)\n> \n> **s 3AB:** Ins 1985 No 216, Sch 1 (2). Am 1987 No 228, Sch 1 (1); 1999 No 10, Sch 3 \\[3\\].","sortOrder":5},{"sectionNumber":"3AC","sectionType":"section","heading":"Levy of land tax after 31 December 1987","content":"#### 3AC Levy of land tax after 31 December 1987\n\n3AC Levy of land tax after 31 December 1987\n\n> > (1) Except as provided by subsection (2), in respect of the taxable value of all the land owned by any person at midnight on 31 December 1987 there shall be charged, levied, collected and paid under the provisions of the Principal Act and in the manner therein prescribed, land tax for the period of 12 months commencing on 1 January in the next succeeding year and at the rates set out in Schedule 4.\n> \n> > (2) In respect of the taxable value of all the land owned by a person at midnight on 31 December 1987 where—\n> > \n> > > (a) the owner is a company classified under section 29 of the Principal Act as a non-concessional company, or\n> > \n> > > (b) the land is subject to a special trust,\n> > \n> > land tax for the period of 12 months commencing on 1 January in the next succeeding year shall, except as provided by section 27 (2A) of the Principal Act, be charged, levied, collected and paid as referred to in subsection (1) at the rate of 2 cents for each $1 of the taxable value.\n> \n> > (3) Where the total amount of land tax payable pursuant to this section by any person in any year would, but for this subsection, be less than $100, no land tax shall be payable.\n> \n> > (4) (Repealed)\n> \n> **s 3AC:** Ins 1987 No 228, Sch 1 (2). Am 1988 No 127, Sch 1 (1); 1999 No 10, Sch 3 \\[4\\].","sortOrder":6},{"sectionNumber":"3AD","sectionType":"section","heading":"Levy of land tax after 31 December 1988","content":"#### 3AD Levy of land tax after 31 December 1988\n\n3AD Levy of land tax after 31 December 1988\n\n> > (1) Except as provided by subsection (2), in respect of the taxable value of all the land owned by any person at midnight on 31 December 1988 there shall be charged, levied, collected and paid under the provisions of the Principal Act and in the manner therein prescribed, land tax for the period of 12 months commencing on 1 January in the next succeeding year and at the rates set out in Schedule 5.\n> \n> > (2) In respect of the taxable value of all the land owned by a person at midnight on 31 December 1988 where—\n> > \n> > > (a) the owner is a company classified under section 29 of the Principal Act as a non-concessional company, or\n> > \n> > > (b) the land is subject to a special trust,\n> > \n> > land tax for the period of 12 months commencing on 1 January in the next succeeding year shall, except as provided by section 27 (2A) of the Principal Act, be charged, levied, collected and paid as referred to in subsection (1) at the rate of 2 cents for each $1 of the taxable value.\n> \n> > (3) Where the total amount of land tax payable pursuant to this section by any person in any year would, but for this subsection, be less than $100, no land tax shall be payable.\n> \n> > (4) (Repealed)\n> \n> **s 3AD:** Ins 1988 No 127, Sch 1 (2). Am 1990 No 34, Sch 1 (1); 1999 No 10, Sch 3 \\[5\\].","sortOrder":7},{"sectionNumber":"3AE","sectionType":"section","heading":"Levy of land tax after 31 December 1989","content":"#### 3AE Levy of land tax after 31 December 1989\n\n3AE Levy of land tax after 31 December 1989\n\n> > (1) Except as provided by subsection (2), in respect of the taxable value of all the land owned by any person at midnight on 31 December in any year (commencing with 1989 and ending with 1995) there is to be charged, levied, collected and paid under the provisions of the Principal Act and in the manner prescribed under that Act, land tax for the period of 12 months commencing on 1 January in the next succeeding year and at the rates set out in Schedule 6.\n> \n> > (2) In respect of the taxable value of all the land owned by a person at midnight on 31 December in any year (commencing with 1989 and ending with 1995) where—\n> > \n> > > (a) the owner is a company classified under section 29 of the Principal Act as a non-concessional company, or\n> > \n> > > (b) the land is subject to a special trust,\n> > \n> > land tax for the period of 12 months commencing on 1 January in the next succeeding year is, except as provided by section 27 (2A) of the Principal Act, to be charged, levied, collected and paid as referred to in subsection (1) at the rate of 1.5 cents for each $1 of the taxable value.\n> \n> > (3) If the total amount of land tax payable pursuant to this section by any person in any year would, but for this subsection, be less than $100, no land tax is payable.\n> \n> > (4) (Repealed)\n> \n> **s 3AE:** Ins 1990 No 34, Sch 1 (2). Am 1996 No 55, Sch 1 (1); 1997 No 37, Sch 2 \\[1\\]; 1999 No 10, Sch 3 \\[6\\].","sortOrder":8},{"sectionNumber":"3AF","sectionType":"section","heading":"Levy of land tax after 31 December 1996","content":"#### 3AF Levy of land tax after 31 December 1996\n\n3AF Levy of land tax after 31 December 1996\n\n> > (1) Except as provided by subsection (2), in respect of the taxable value of all the land owned by any person at midnight on 31 December 1996 there is to be charged, levied, collected and paid under the provisions of the Principal Act and in the manner prescribed under that Act, land tax for the period of 12 months commencing on 1 January in the next succeeding year and at the rates set out in Schedule 7.\n> \n> > (2) In respect of the taxable value of all the land owned by a person at midnight on 31 December 1996 where—\n> > \n> > > (a) the owner is a company classified under section 29 of the Principal Act as a non-concessional company, or\n> > \n> > > (b) the land is subject to a special trust,\n> > \n> > land tax for the period of 12 months commencing on 1 January in the next succeeding year is, except as provided by section 27 (2A) of the Principal Act, to be charged, levied, collected and paid as referred to in subsection (1) at the rate of 1.65 cents for each $1 of the taxable value.\n> \n> > (3) If the total amount of land tax payable pursuant to this section by any person in any year would, but for this subsection, be less than $100, no land tax is payable.\n> \n> > (4) (Repealed)\n> \n> **s 3AF:** Ins 1996 No 55, Sch 1 (2). Am 1997 No 37, Sch 2 \\[2\\] \\[3\\]; 1999 No 10, Sch 3 \\[7\\].","sortOrder":9},{"sectionNumber":"3AG","sectionType":"section","heading":"Levy of land tax after 31 December 1997 and 31 December 1998","content":"#### 3AG Levy of land tax after 31 December 1997 and 31 December 1998\n\n3AG Levy of land tax after 31 December 1997 and 31 December 1998\n\n> > (1) Except as provided by subsection (2), in respect of the taxable value of all the land owned by any person at midnight on 31 December 1997 or at midnight on 31 December 1998 there is to be charged, levied, collected and paid under the provisions of the Principal Act and in the manner prescribed under that Act, land tax for the period of 12 months commencing on 1 January in the next succeeding year and at the rates set out in Schedule 8.\n> \n> > (2) In respect of the taxable value of all the land owned by a person at midnight on 31 December 1997 or at midnight on 31 December 1998 where—\n> > \n> > > (a) the owner is a company classified under section 29 of the Principal Act as a non-concessional company, or\n> > \n> > > (b) the land is subject to a special trust,\n> > \n> > land tax for the period of 12 months commencing on 1 January in the next succeeding year is, except as provided by section 27 (2A) of the Principal Act, to be charged, levied, collected and paid as referred to in subsection (1) at the rate of 1.85 cents for each $1 of the taxable value.\n> \n> > (3) If the total amount of land tax payable pursuant to this section by any person in any year would, but for this subsection, be less than $100, no land tax is payable.\n> \n> > (4) (Repealed)\n> \n> **s 3AG:** Ins 1996 No 55, Sch 1 (2). Subst 1997 No 37, Sch 2 \\[4\\]. Am 1999 No 10, Sch 3 \\[8\\].","sortOrder":10},{"sectionNumber":"3AH","sectionType":"section","heading":"Levy of land tax after 31 December 1999 and before 31 December 2004","content":"#### 3AH Levy of land tax after 31 December 1999 and before 31 December 2004\n\n3AH Levy of land tax after 31 December 1999 and before 31 December 2004\n\n> > (1) Except as provided by subsection (2), in respect of the taxable value of all the land owned by any person at midnight on 31 December in any year (commencing with 1999 and ending with 2003) there is to be charged, levied, collected and paid under the provisions of the Principal Act and in the manner prescribed under that Act, land tax for the period of 12 months commencing on 1 January in the next succeeding year and at the rates set out in Schedule 9.\n> \n> > (2) In respect of the taxable value of all the land owned by a person at midnight on 31 December in any year (commencing with 1999 and ending with 2003) where—\n> > \n> > > (a) the owner is a company classified under section 29 of the Principal Act as a non-concessional company, or\n> > \n> > > (b) the land is subject to a special trust,\n> > \n> > land tax for the period of 12 months commencing on 1 January in the next succeeding year is, except as provided by section 27 (2A) of the Principal Act, to be charged, levied, collected and paid as referred to in subsection (1) at the rate of 1.7 cents for each $1 of the taxable value.\n> \n> > (2A) (Repealed)\n> \n> > (3) If the total amount of land tax payable pursuant to this section by any person in any year would, but for this subsection, be less than $100, no land tax is payable.\n> \n> > (4) (Repealed)\n> \n> **s 3AH:** Ins 1997 No 37, Sch 2 \\[4\\]. Am 1999 No 10, Sch 3 \\[9\\]; 2001 No 96, Sch 2.1 \\[1\\] \\[2\\]; 2002 No 108, Sch 2.1 \\[1\\] \\[2\\]; 2004 No 33, Sch 2.1 \\[1\\].","sortOrder":11},{"sectionNumber":"3AI","sectionType":"section","heading":"Levy of land tax after 31 December 2004 and before 31 December 2005","content":"#### 3AI Levy of land tax after 31 December 2004 and before 31 December 2005\n\n3AI Levy of land tax after 31 December 2004 and before 31 December 2005\n\n> > (1) Except as provided by subsection (2), in respect of the taxable value of all the land owned by any person at midnight on 31 December 2004 there is to be charged, levied, collected and paid under the provisions of the Principal Act and in the manner prescribed under that Act, land tax for the period of 12 months commencing on 1 January in the next succeeding year and at the rates set out in Schedule 10.\n> \n> > (2) In respect of the taxable value of all the land owned by a person at midnight on 31 December 2004 where—\n> > \n> > > (a) the owner is a company classified under section 29 of the Principal Act as a non-concessional company, or\n> > \n> > > (b) the land is subject to a special trust,\n> > \n> > land tax for the period of 12 months commencing on 1 January in the next succeeding year is, except as provided by section 27 (2A) of the Principal Act, to be charged, levied, collected and paid as referred to in subsection (1) at the rate of 1.4 cents for each $1 of the taxable value.\n> \n> > (3) If the total amount of land tax payable pursuant to this section by any person in any year would, but for this subsection, be less than $100, no land tax is payable.\n> \n> **s 3AI:** Ins 2004 No 33, Sch 2.1 \\[2\\]. Am 2005 No 42, Sch 2 \\[2\\].","sortOrder":12},{"sectionNumber":"3AJ","sectionType":"section","heading":"Levy of land tax after 31 December 2005 and before 31 December 2007","content":"#### 3AJ Levy of land tax after 31 December 2005 and before 31 December 2007\n\n3AJ Levy of land tax after 31 December 2005 and before 31 December 2007\n\n> > (1) Except as provided by subsection (2), in respect of the taxable value of all the land owned by any person at midnight on 31 December in any year (commencing with 2005 and ending with 2006) there is to be charged, levied, collected and paid under the provisions of the Principal Act and in the manner prescribed under that Act, land tax for the period of 12 months commencing on 1 January in the next succeeding year and at the rates set out in Schedule 11.\n> \n> > (2) In respect of the taxable value of all the land owned by a person at midnight on 31 December in any year (commencing with 2005 and ending with 2006) where—\n> > \n> > > (a) the owner is a company classified under section 29 of the Principal Act as a non-concessional company, or\n> > \n> > > (b) the land is subject to a special trust,\n> > \n> > land tax for the period of 12 months commencing on 1 January in the next succeeding year is, except as provided by section 27 (2A) of the Principal Act, to be charged, levied, collected and paid as referred to in subsection (1) at the rate of 1.7 cents for each $1 of the taxable value.\n> \n> > (3) If the total amount of land tax payable pursuant to this section by any person in any year would, but for this subsection, be less than $100, no land tax is payable.\n> \n> **s 3AJ:** Ins 2005 No 42, Sch 2 \\[3\\]. Am 2007 No 22, Sch 3 \\[1\\].","sortOrder":13},{"sectionNumber":"3AK","sectionType":"section","heading":"Levy of land tax after 31 December 2007 and before 31 December 2008","content":"#### 3AK Levy of land tax after 31 December 2007 and before 31 December 2008\n\n3AK Levy of land tax after 31 December 2007 and before 31 December 2008\n\n> > (1) Except as provided by subsection (2), in respect of the taxable value of all the land owned by any person at midnight on 31 December 2007 there is to be charged, levied, collected and paid under the provisions of the Principal Act and in the manner prescribed under that Act, land tax for the period of 12 months commencing on 1 January in the next succeeding year and at the rates set out in Schedule 12.\n> \n> > (2) In respect of the taxable value of all the land owned by a person at midnight on 31 December 2007 where—\n> > \n> > > (a) the owner is a company classified under section 29 of the Principal Act as a non-concessional company, or\n> > \n> > > (b) the land is subject to a special trust,\n> > \n> > land tax for the period of 12 months commencing on 1 January in the next succeeding year is, except as provided by section 27 (2A) of the Principal Act, to be charged, levied, collected and paid as referred to in subsection (1) at the rate of 1.6 cents for each $1 of the taxable value.\n> \n> > (3) If the total amount of land tax payable pursuant to this section by any person in any year would, but for this subsection, be less than $100, no land tax is payable.\n> \n> **s 3AK:** Ins 2007 No 22, Sch 3 \\[2\\]. Am 2008 No 122, Sch 3.1 \\[2\\].","sortOrder":14},{"sectionNumber":"3AL","sectionType":"section","heading":"Levy of land tax after 31 December 2008","content":"#### 3AL Levy of land tax after 31 December 2008\n\n3AL Levy of land tax after 31 December 2008\n\n> > (1) In respect of the taxable value of all the land owned by any person at midnight on 31 December in any year (commencing with 2008) there is to be charged, levied, collected and paid under the provisions of the Principal Act and in the manner prescribed under that Act, land tax for the period of 12 months commencing on 1 January in the next succeeding year and at the applicable rate.\n> \n> > (2) For the purposes of this section, the applicable rate is—\n> > \n> > > (a) the rate of land tax payable as specified in Part 1 of Schedule 13, except as provided for by paragraphs (b), (c) and (d), or\n> > \n> > > (b) if the land is subject to a special trust—the rate of land tax payable as specified in Part 2 of Schedule 13, or\n> > \n> > > (c) if the owner of the land is a non-concessional company and the taxable value of group land holdings of the non-concessional company does not exceed the premium rate threshold—the rate of land tax payable as specified in Part 3 of Schedule 13, or\n> > \n> > > (d) if the owner of the land is a non-concessional company and the taxable value of group land holdings of the non-concessional company exceeds the premium rate threshold—the rate of land tax payable as specified in Part 4 of Schedule 13.\n> \n> > (3) For the purposes of this section—\n> > \n> > > (a) a reference to group land holdings of a non-concessional company is a reference to all land owned (whether jointly or severally) by members of the group of which the non-concessional company is a member on which land tax is payable, and\n> > \n> > > (b) a reference to a group is a reference to a group within the meaning of section 29 (7) of the Principal Act.\n> \n> > (4) This section is subject to section 27 (2A) of the Principal Act (which relates to the assessment of land that is the subject of a special trust or that is jointly owned by a non-concessional company).\n> \n> > (5) If the total amount of land tax payable pursuant to this section by any person in any year would, but for this subsection, be less than $100, no land tax is payable.\n> \n> > (6) The land tax payable by a person must be reduced if—\n> > \n> > > (a) the land owned by the person includes land subject to property tax, and\n> > \n> > > (b) the person is an included owner of the land subject to property tax.\n> \n> > (7) The reduction must be in proportion to the value that the land subject to property tax bears to the value of all the land owned by the person.\n> \n> > (8) If the land subject to property tax is hybrid land, the value of the land subject to property tax means the value of the proportion of the land subject to property tax divided among the included owners of the land in proportion to their ownership shares.\n> \n> > (9) Terms used in subsections (6)–(8) have the same meanings as in the [Property Tax (First Home Buyer Choice) Act 2022](/view/html/inforce/current/act-2022-060).\n> \n> **s 3AL:** Ins 2008 No 122, Sch 3.1 \\[3\\]. Am 2022 No 60, Sch 5.2.","sortOrder":15},{"sectionNumber":"3A","sectionType":"section","heading":null,"content":"#### 3A\n\n3A–5 (Repealed)","sortOrder":16},{"sectionNumber":"5A","sectionType":"section","heading":"Levy of surcharge land tax on residential land owned by foreign persons—2017 and subsequent land tax years","content":"#### 5A Levy of surcharge land tax on residential land owned by foreign persons—2017 and subsequent land tax years\n\n5A Levy of surcharge land tax on residential land owned by foreign persons—2017 and subsequent land tax years\n\n> > (1) Land tax is payable under this section in respect of residential land owned by a foreign person (surcharge land tax).\n> \n> > (2) In respect of the taxable value of all the residential land owned by the foreign person at midnight on 31 December in any year (commencing with 2016), surcharge land tax is to be charged, levied, collected and paid under the provisions of the Principal Act and in the manner prescribed under that Act for the period of 12 months commencing on 1 January in the next succeeding year at the rate of—\n> > \n> > > (a) in the case of all residential land owned by the foreign person at midnight on 31 December 2016—0.75% of that taxable value as assessed under the Principal Act, and\n> > \n> > > (b) in the case of all residential land owned by the foreign person at midnight on 31 December in the years 2017–2021—2% of that taxable value as assessed under the Principal Act, and\n> > \n> > > (c) in the case of all residential land owned by the foreign person at midnight on 31 December in the years 2022 and 2023—4% of that taxable value as assessed under the Principal Act, and\n> > \n> > > (d) in the case of all residential land owned by the foreign person at midnight on 31 December in any other year, commencing with 2024—5% of that taxable value as assessed under the Principal Act.\n> \n> > (3) Surcharge land tax is payable in addition to any land tax payable in respect of the residential land under the other provisions of this Act, and is so payable even if no land tax is payable under those other provisions.\n> \n> > (4) The Principal Act applies to surcharge land tax in respect of residential land owned by a foreign person subject to the following—\n> > \n> > > (a) surcharge land tax is payable as if the residential land were the only land owned by the foreign person,\n> > \n> > > (b) if the residential land is also owned by a person who is not a foreign person, the taxable value of the land is to be reduced to the proportionate value of the interest in the land of the foreign person,\n> > \n> > > (c) if the foreign person is a joint owner of the residential land, the person is to be individually (and not jointly) assessed and is liable in respect of the value of the person’s proportionate interest in the land as if the person were the owner of a part of the land in proportion to the person’s interest (and accordingly section 27 (2)–(4) of the Principal Act does not apply),\n> > \n> > > (d) if the Chief Commissioner is satisfied that the residential land is used for purposes other than residential purposes, the taxable value of the land is to be reduced by the apportionment factor determined in accordance with section 104ZB of the [Duties Act 1997](/view/html/inforce/current/act-1997-123) in relation to the land,\n> > \n> > > (e) if the foreign person is the trustee of a fixed trust (within the meaning of section 3A of the Principal Act) in relation to the residential land, the person is not liable to surcharge land tax,\n> > \n> > > (f) the provisions of the Principal Act relating to the persons who are taken to be owners of the residential land apply to surcharge land tax, except that section 23 of the Principal Act does not operate to make a mortgagee in possession an owner of the land unless the mortgagor is a foreign person,\n> > \n> > > (g) the person is exempt from liability to pay surcharge land tax in respect of the land for a land tax year because the land is the principal place of residence of the foreign person (and accordingly sections 9C and 9D of the Principal Act operate to reduce the land value of the land if it is the principal place of residence of the person) only if the person is eligible for the exemption under section 5B,\n> > \n> > > (h) the tax thresholds under Division 4A of Part 7 of the Principal Act do not apply to surcharge land tax,\n> > \n> > > (i) any other modification prescribed by the regulations under the Principal Act applies to surcharge land tax.\n> \n> > (5) If a foreign person defaults in the payment of surcharge land tax then, without releasing the foreign person from his or her liability, the following provisions apply as long as the default continues—\n> > \n> > > (a) if the foreign person is a joint owner of the land concerned—any other joint owner (whether or not a foreign person) is, on being served with a notice by the Chief Commissioner requiring payment of the unpaid surcharge land tax, responsible for its payment and the unpaid tax may be recovered from that other joint owner as if he or she were the defaulting taxpayer,\n> > \n> > > (b) if the foreign person is a beneficiary of a trust relating to the land concerned—the trustee (whether or not a foreign person) is, on being served with a notice by the Chief Commissioner requiring payment of the unpaid surcharge land tax, responsible for its payment and the unpaid tax may be recovered from that trustee as if he or she were the defaulting taxpayer,\n> > \n> > > (c) all payments made under this subsection by that other joint owner or that trustee are taken to be made on behalf of the defaulting taxpayer,\n> > \n> > > (d) that other joint owner or that trustee may recover from the foreign person any amount paid by that other joint owner or that trustee under this subsection.\n> \n> > (6) (Repealed)\n> \n> **s 5A:** Ins 2016 No 32, Sch 2 \\[1\\]. Am 2017 No 33, Sch 2.2 \\[1\\]–\\[3\\]; 2017 No 67, Sch 2 \\[2\\]; 2022 No 32, Sch 2\\[1\\] \\[2\\]; 2024 No 38, Sch 3\\[4\\] \\[5\\].","sortOrder":18},{"sectionNumber":"5B","sectionType":"section","heading":"Surcharge land tax—residence requirement applying to principal place of residence exemption","content":"#### 5B Surcharge land tax—residence requirement applying to principal place of residence exemption\n\n5B Surcharge land tax—residence requirement applying to principal place of residence exemption\n\n> > (1) A person is eligible for an exemption from liability to pay surcharge land tax in respect of residential land for a land tax year because the land is the principal place of residence of the person only if—\n> > \n> > > (a) the person is a permanent resident at midnight on 31 December of the previous year, and\n> > \n> > > (b) the Chief Commissioner is satisfied that, during the land tax year, the person intends to use and occupy the land as the principal place of residence of the person in accordance with the residence requirement, and\n> > \n> > > (c) the person lodges a declaration with a land tax return required to be furnished under section 12 of the Principal Act for the land tax year to the effect that the person has that intention.\n> \n> > (2) The person must use and occupy the land as the person’s principal place of residence for a continuous period of 200 days in the land tax year. This requirement is referred to as the residence requirement.\n> \n> > (2A) A person does not use and occupy land as the person’s principal place of residence during a period of the person’s physical absence from Australia.\n> \n> > (2B) The Chief Commissioner may, in exceptional circumstances, waive the requirement in subsection (2A) in relation to a person’s brief physical absence from Australia.\n> \n> > (3) If the residence requirement is not complied with by the person, surcharge land tax liability is to be assessed or reassessed as if the person’s exemption from liability to pay surcharge land tax for the land tax year had never applied.\n> \n> > (4) The failure of the person to comply with the residence requirement is taken to be a tax default for the purposes of Part 5 of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097).\n> \n> > (5) Any interest that is payable on the tax default in accordance with Part 5 of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097) accrues on the amount of surcharge land tax assessable to the person for the period commencing on the last day allowed for furnishing the land tax return for the land tax year and ending on the day when the assessment or reassessment referred to in subsection (3) is made.\n> \n> **s 5B:** Ins 2017 No 33, Sch 2.2 \\[4\\]. Am 2022 No 16, Sch 5\\[1\\].","sortOrder":19},{"sectionNumber":"5BA","sectionType":"section","heading":"Surcharge land tax—residence requirement applying to principal place of residence exemption for retirement visa holders","content":"#### 5BA Surcharge land tax—residence requirement applying to principal place of residence exemption for retirement visa holders\n\n5BA Surcharge land tax—residence requirement applying to principal place of residence exemption for retirement visa holders\n\n> > (1) Section 5B applies to a retirement visa holder in the same way as it applies to a permanent resident, subject to any modifications prescribed by the regulations.\n> \n> > (2) However, in the application of that section to the liability of a retirement visa holder to pay surcharge land tax in respect of residential land for a land tax year, the residence requirement is satisfied if the person used and occupied the land as the person’s principal place of residence for a continuous period of 200 days in the previous land tax year.\n> \n> **s 5BA:** Ins 2019 No 8, Sch 2.2 \\[2\\].","sortOrder":20},{"sectionNumber":"5C","sectionType":"section","heading":"Surcharge land tax—certain development by Australian-based developers that are foreign persons","content":"#### 5C Surcharge land tax—certain development by Australian-based developers that are foreign persons\n\n5C Surcharge land tax—certain development by Australian-based developers that are foreign persons\n\n> > (1) An Australian corporation is entitled to a refund of an amount of surcharge land tax paid by the corporation in respect of residential land owned by the corporation at midnight on 31 December in a year (the taxing date) if the Chief Commissioner is satisfied that—\n> > \n> > > (a) a new home has been constructed on the land by the corporation or a related body corporate (before or after the taxing date) and sold by the corporation after the taxing date to a person who is not an associated person of the corporation without the home having been used or occupied for any purpose (other than as a display home) before the completion of that sale, or\n> > \n> > > (b) the land has been subdivided by the corporation (before or after the taxing date) for the purpose of its use for new home construction and sold by the corporation after the taxing date and after the issue of a subdivision certificate (as referred to in the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), section 6.4) for the subdivision, or\n> > \n> > > (c) the land has been used by the corporation or a related body corporate, before or after the taxing date, wholly or predominantly for commercial or industrial purposes.\n> \n> > (2) The amount of the refund to which an Australian corporation is entitled under this section is the amount that is determined in accordance with an order made by the Treasurer for the purposes of this section and published in the Gazette. The amount of the refund may be the full amount of surcharge land tax paid or a lesser amount (as determined in accordance with the order).\n> \n> > (3) The Chief Commissioner may approve a foreign person as an exempt person for particular land if the Chief Commissioner is of the opinion that the person is likely to become entitled under this section to a refund of the full amount of surcharge land tax payable by the person in respect of the land for a land tax year.\n> \n> > (4) A foreign person is exempt from liability to pay surcharge land tax in respect of land for a land tax year if the person is approved as an exempt person for the land for that land tax year.\n> \n> > (5) The approval of a foreign person as an exempt person under this section is subject to the following provisions—\n> > \n> > > (a) an approval may be given for one or more land tax years and can be given for a land tax year before or after the end of the land tax year,\n> > \n> > > (b) an approval may be given subject to conditions and the approval operates subject to any such conditions,\n> > \n> > > (c) the conditions of an approval may be varied by the Chief Commissioner at any time by notice to the person,\n> > \n> > > (d) an approval can be revoked by the Chief Commissioner at any time by notice to the person,\n> > \n> > > (e) the revocation of an approval can be backdated to extend to a tax year in respect of which the exemption conferred by the approval has already been applied, in which case surcharge land tax is payable and is to be assessed or reassessed as if the approval had never applied in respect of that tax year.\n> \n> > (6) Surcharge land tax may be refunded under this section only if an application for the refund is made—\n> > \n> > > (a) within 12 months after the entitling event, and\n> > \n> > > (b) no later than 10 years after completion of the transfer of the residential land to the Australian corporation.\n> \n> > (6AA) Surcharge land tax may not be refunded under this section if—\n> > \n> > > (a) completion of the transfer of the residential land to the Australian corporation occurred before 21 June 2016, and\n> > \n> > > (b) an application for the refund was not made on or before 21 June 2021.\n> \n> > (6A) For the purposes of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097), section 9(3)(c), a reassessment under this section is authorised to be made more than 5 years after the initial assessment.\n> \n> > (7) In this section—\n> > \n> > associated person has the same meaning as in the [Duties Act 1997](/view/html/inforce/current/act-1997-123).\n> > \n> > Australian corporation means a corporation that is incorporated or taken to be incorporated under the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > entitling event means—\n> > \n> > > (a) for a refund under subsection (1)(a)—the completion of the sale of the new home, or\n> > \n> > > (b) for a refund under subsection (1)(b)—the issue of the subdivision certificate, or\n> > \n> > > (c) for a refund under subsection (1)(c)—the start of the use of the land wholly or predominantly for commercial or industrial purposes.\n> > \n> > new home has the same meaning as in the [First Home Owner Grant and Shared Equity Act 2000](/view/html/inforce/current/act-2000-021).\n> > \n> > related body corporate has the same meaning as in the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > transfer includes an assignment and an exchange.\n> \n> **s 5C:** Ins 2017 No 67, Sch 2 \\[3\\]. Am 2022 No 16, Sch 5\\[2\\]–\\[6\\]; 2022 No 59, Sch 2.24; 2024 No 90, Sch 3.","sortOrder":21},{"sectionNumber":"5CA","sectionType":"section","heading":"Surcharge land tax—build-to-rent properties owned by foreign persons","content":"#### 5CA Surcharge land tax—build-to-rent properties owned by foreign persons\n\n5CA Surcharge land tax—build-to-rent properties owned by foreign persons\n\n> > (1) An Australian corporation is entitled to a refund of an amount of surcharge land tax paid by the corporation in relation to residential land owned by the corporation at midnight on 31 December in a year (the taxing date) during the relevant concession period if the Chief Commissioner is satisfied that—\n> > \n> > > (a) a building that is taken to be a build-to-rent property under the Principal Act, section 9E or 9F has been constructed on the land by the corporation or a related body corporate, whether before or after the taxing date, and\n> > \n> > > (b) the corporation is entitled under the relevant section of the Principal Act to a reduction in land value.\n> \n> > (2) The amount of the refund to which an Australian corporation is entitled under this section is the amount that is determined in accordance with an order made by the Treasurer for the purposes of this section and published in the Gazette.\n> \n> > (3) The amount of the refund may be the full amount of surcharge land tax paid or a lesser amount (as determined in accordance with the order).\n> \n> > (4) The Chief Commissioner may approve a foreign person as an exempt person for particular land if the Chief Commissioner is of the opinion that the person is likely to become entitled under this section to a refund of the full amount of surcharge land tax payable by the person in respect of the land for a land tax year.\n> \n> > (5) A foreign person is exempt from liability to pay surcharge land tax in respect of the particular land for a land tax year if the person is approved as an exempt person for the land for that land tax year.\n> \n> > (6) The approval of a foreign person as an exempt person under this section is subject to the following provisions—\n> > \n> > > (a) an approval may be given for one or more land tax years and can be given for a land tax year before or after the end of the land tax year,\n> > \n> > > (b) an approval may be given subject to conditions and the approval operates subject to any such conditions,\n> > \n> > > (c) the conditions of an approval may be varied by the Chief Commissioner at any time by notice to the person,\n> > \n> > > (d) an approval can be revoked by the Chief Commissioner at any time by notice to the person,\n> > \n> > > (e) the revocation of an approval can be backdated to extend to a tax year in respect of which the exemption conferred by the approval has already been applied, in which case surcharge land tax is payable and is to be assessed or reassessed as if the approval had never applied in respect of that tax year.\n> \n> > (7) Without limiting subsection (6), if, within the period of 15 years after this section first applied in relation to surcharge land tax, the land concerned is subdivided or the ownership of the land is otherwise divided—\n> > \n> > > (a) the person whose surcharge land tax has been refunded or liability to pay the surcharge land tax has been exempted in accordance with this section must, within 1 month, inform the Chief Commissioner of the date on which the land was subdivided or the ownership of the land was otherwise divided, and\n> > \n> > > (b) liability for surcharge land tax in respect of the following years is to be reassessed as if this section had not applied to the person—\n> > > \n> > > > (i) the year in which the land is subdivided or the ownership of the land is otherwise divided,\n> > > \n> > > > (ii) each preceding year in which a person’s liability to pay surcharge land tax was assessed in accordance with this section, but not more than 15 preceding years, and\n> > \n> > > (c) the subdivision or division is taken to be a tax default for the purposes of Part 5 of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097).\n> \n> > (8) Surcharge land tax for a land tax year may be refunded under this section only if an application for the refund is made—\n> > \n> > > (a) within 12 months after the owner of the land concerned became entitled to the refund, and\n> > \n> > > (b) not later than 10 years after the land tax year concerned.\n> \n> > (9) For the purposes of section 9(3)(c) of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097), any reassessment under this section is authorised to be made more than 5 years after the initial assessment.\n> \n> > (10) In this section—\n> > \n> > Australian corporation means a corporation that is incorporated or taken to be incorporated under the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > related body corporate has the same meaning as in the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > relevant concession period means—\n> > \n> > > (a) if the corporation is entitled to the reduction in land value under the Principal Act, section 9E—the period commencing at midnight on 31 December 2020 and ending at midnight on 31 December 2039, or\n> > \n> > > (b) if the corporation is entitled to the reduction in land value under the Principal Act, section 9F—the period commencing at midnight on 31 December 2020 and ending at midnight on 31 December in the year the corporation ceases to be eligible for the reduction in land value under that section.\n> \n> **s 5CA:** Ins 2020 No 19, Sch 2. Am 2025 No 59, Sch 2\\[1\\] \\[2\\].","sortOrder":22},{"sectionNumber":"5D","sectionType":"section","heading":"Surcharge land tax—discretionary trusts","content":"#### 5D Surcharge land tax—discretionary trusts\n\n5D Surcharge land tax—discretionary trusts\n\n> > (1) The trustee of a discretionary trust is taken to be a foreign person in that capacity for the purposes of section 5A if the trust does not prevent a foreign person from being a beneficiary of the trust.\n> \n> > (2) If a discretionary trust prevents a foreign person from being a beneficiary of the trust, the trustee is not in that capacity a foreign person for the purposes of section 5A.\n> \n> > (3) A discretionary trust is considered to prevent a foreign person from being a beneficiary of the trust if (and only if) both of the following requirements are satisfied—\n> > \n> > > (a) no potential beneficiary of the trust is a foreign person (the no foreign beneficiary requirement),\n> > \n> > > (b) the terms of the trust are not capable of amendment in a manner that would result in there being a potential beneficiary of the trust who is a foreign person (the no amendment requirement).\n> > > \n> > > Note.\n> > > \n> > > Under the transitional arrangements for this section in Schedule 2 to the Principal Act, the no amendment requirement does not apply to a trust that satisfies the no foreign beneficiary requirement immediately before the commencement of this section.\n> \n> > (4) A person is a potential beneficiary of a discretionary trust if the exercise or failure to exercise a discretion under the terms of the trust can result in any property of the trust being distributed to or applied for the benefit of the person.\n> > \n> > Note.\n> > \n> > A potential beneficiary is not limited to persons named in the trust instrument and extends to the members of any class of persons to whom or for whose benefit trust property can be distributed or applied pursuant to the discretions of the trust.\n> \n> > (5) For the removal of doubt, a person is not a potential beneficiary of a discretionary trust if the terms of the trust prevent any property of the trust from being distributed to or applied for the benefit of the person.\n> \n> > (6) In this section, property includes money, and a reference to the distribution or application of property includes a reference to the payment of money.\n> \n> > (7) (Repealed)\n> \n> **s 5D:** Ins 2020 No 14, Sch 2. Am 2022 No 16, Sch 5\\[7\\].","sortOrder":23},{"sectionNumber":"6","sectionType":"section","heading":"Land tax liability in respect of flood liable land","content":"#### 6 Land tax liability in respect of flood liable land\n\n6 Land tax liability in respect of flood liable land\n\n> > (1) In this section—\n> > \n> > council, in relation to any land, means the council of the area, within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), in which the land is situated.\n> > \n> > flood liable land means land which is unoccupied and which has been determined, by the council, to be (or which is, in the opinion of the Chief Commissioner) unsuitable for the erection of a building because it is liable to flooding.\n> \n> > (2) Notwithstanding any other provisions of this Act or the provisions of any other Act, where a person is the owner of 2 or more parcels of land, one or more of which is flood liable land, the amount of land tax payable by that person shall, in respect only of such land as is flood liable land, be—\n> > \n> > > (a) calculated separately in respect of each parcel of that land that is not exempt from taxation, and\n> > \n> > > (b) so calculated in the case of each such parcel as if it were the only land owned by that person.\n> \n> > (3) This section does not apply to surcharge land tax under section 5A.\n> \n> **s 6:** Ins 1985 No 102, sec 3. Am 1995 No 11, Sch 1; 1996 No 125, Sch 4.1; 2016 No 32, Sch 2 \\[2\\].","sortOrder":24},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nSchedule 1\n\n(Section 3)\n\n| Where the taxable value as assessed under Principal Act | Rates of Land Tax Payable |\n| does not exceed $5,000 | 0.3c for each $1 |\n| $ $ | $ c $ |\n| exceeds 5,000 but does not exceed 10,000 | 15.00 plus 0.45c for each $1 in excess of 5,000 |\n| \" 10,000 \"\"\"\" 20,000 | 37.50 \" 0.6c \"\"\"\" 10,000 |\n| \" 20,000 \"\"\"\" 30,000 | 97.50 \" 0.75c \"\"\"\" 20,000 |\n| \" 30,000 \"\"\"\" 40,000 | 172.50 \" 0.9c \"\"\"\" 30,000 |\n| \" 40,000 \"\"\"\" 50,000 | 262.50 \" 1.05c \"\"\"\" 40,000 |\n| \" 50,000 \"\"\"\" 60,000 | 367.50 \" 1.2c \"\"\"\" 50,000 |\n| \" 60,000 \"\"\"\" 70,000 | 487.50 \" 1.35c \"\"\"\" 60,000 |\n| \" 70,000 \"\"\"\" 80,000 | 622.50 \" 1.5c \"\"\"\" 70,000 |\n| \" 80,000 \"\"\"\" 90,000 | 772.50 \" 1.65c \"\"\"\" 80,000 |\n| \" 90,000 \"\"\"\" 100,000 | 937.50 \" 1.8c \"\"\"\" 90,000 |\n| \" 100,000 \"\"\"\" 110,000 | 1,117.50 \" 1.95c \"\"\"\" 100,000 |\n| \" 110,000 \"\"\"\" 120,000 | 1,312.50 \" 2.1c \"\"\"\" 110,000 |\n| \" 120,000 \"\"\"\" 130,000 | 1,522.50 \" 2.25c \"\"\"\" 120,000 |\n| \" 130,000 | 1,747.50 \" 2.4c \"\"\"\" 130,000 |\n\n**sch 1, hdg:** Subst 1984 No 130, Sch 1 (5).\n\n**sch 1:** Subst 1973 No 70, sec 7 (c).","sortOrder":25},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":null,"content":"# Schedule 2\n\nSchedule 2\n\n(Section 3AA)\n\n| Where the taxable value as assessed under the Principal Act | Rates of Land Tax Payable |\n| does not exceed $55,000 | nil |\n| exceeds $55,000 but does not exceed $60,000 | $50 plus 0.5c for each $1 in excess of $55,000 |\n| exceeds $60,000 but does not exceed $70,000 | $75 plus 1.5c for each $1 in excess of $60,000 |\n| exceeds $70,000 | $225 plus 2.5c for each $1 in excess of $70,000 |\n\n**sch 2:** Ins 1984 No 130, Sch 1 (6).","sortOrder":26},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":null,"content":"# Schedule 3\n\nSchedule 3\n\n(Section 3AB)\n\n| Where the taxable value assessed under the Principal Act | Rates of Land Tax Payable |\n| is less than $94,000 | nil |\n| is not less than $94,000 | $100 plus 2c for each $1 in excess of $94,000 |\n\n**sch 3:** Ins 1985 No 216, Sch 1 (6).","sortOrder":27},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":null,"content":"# Schedule 4\n\nSchedule 4\n\n(Section 3AC)\n\n| Where the taxable value assessed under the Principal Act | Rates of Land Tax Payable |\n| is less than $125,000 | nil |\n| is not less than $125,000 | $100 plus 2c for each $1 in excess of $125,000 |\n\n**sch 4:** Ins 1987 No 228, Sch 1 (6).","sortOrder":28},{"sectionNumber":"Schedule 5","sectionType":"schedule","heading":null,"content":"# Schedule 5\n\nSchedule 5\n\n(Section 3AD)\n\n| Where the taxable value assessed under the Principal Act | Rates of land tax payable |\n| is less than $135,000 | nil |\n| is not less than $135,000 | $100 plus 2c for each $1 in excess of $135,000 |\n\n**sch 5:** Ins 1988 No 127, Sch 1 (5).","sortOrder":29},{"sectionNumber":"Schedule 6","sectionType":"schedule","heading":null,"content":"# Schedule 6\n\nSchedule 6\n\n(Section 3AE)\n\n| Where the taxable value assessed under the Principal Act | Rates of land tax payable |\n| is less than $160,000 | nil |\n| is not less than $160,000 | $100 plus 1.5c for each $1 in excess of $160,000 |\n\n**sch 6:** Ins 1990 No 34, Sch 1 (4).","sortOrder":30},{"sectionNumber":"Schedule 7","sectionType":"schedule","heading":null,"content":"# Schedule 7\n\nSchedule 7\n\n(Section 3AF)\n\n| Where the taxable value assessed under the Principal Act | Rates of land tax payable |\n| is less than $160,000 | nil |\n| is not less than $160,000 | $100 plus 1.65c for each $1 in excess of $160,000 |\n\n**sch 7:** Ins 1996 No 55, Sch 1 (3).","sortOrder":31},{"sectionNumber":"Schedule 8","sectionType":"schedule","heading":null,"content":"# Schedule 8\n\nSchedule 8\n\n(Section 3AG)\n\n| Where the taxable value assessed under the Principal Act | Rates of land tax payable |\n| is less than the tax threshold | nil |\n| is not less than the tax threshold | $100 plus 1.85c for each $1 in excess of the tax threshold |\n\n**sch 8:** Ins 1996 No 55, Sch 1 (3). Subst 1997 No 37, Sch 2 \\[5\\]; 1998 No 79, Sch 2.2. Am 1998 No 81, Sch 2 \\[2\\].","sortOrder":32},{"sectionNumber":"Schedule 9","sectionType":"schedule","heading":null,"content":"# Schedule 9\n\nSchedule 9\n\n(Section 3AH)\n\n| Where the taxable value assessed under the Principal Act | Rates of land tax payable |\n| is less than the tax threshold | nil |\n| is not less than the tax threshold | $100 plus 1.7c for each $1 in excess of the tax threshold |\n\n**sch 9:** Ins 1997 No 37, Sch 2 \\[5\\]. Subst 1998 No 79, Sch 2.2. Am 1998 No 81, Sch 2 \\[2\\].","sortOrder":33},{"sectionNumber":"Schedule 10","sectionType":"schedule","heading":null,"content":"# Schedule 10\n\nSchedule 10\n\n(Section 3AI)\n\n| Taxable value assessed under Principal Act | Rates of land tax payable |\n| Not more than $400,000 | 0.4 cents for each $1 |\n| More than $400,000 but not more than $500,000 | $1,600 plus 0.6 cents for each $1 by which the taxable value exceeds $400,000 |\n| More than $500,000 | $2,200 plus 1.4 cents for each $1 by which the taxable value exceeds $500,000 |\n\n**sch 10:** Ins 2004 No 33, Sch 2.1 \\[3\\].","sortOrder":34},{"sectionNumber":"Schedule 11","sectionType":"schedule","heading":null,"content":"# Schedule 11\n\nSchedule 11\n\n(Section 3AJ)\n\n| Where the taxable value assessed under the Principal Act | Rates of land tax payable |\n| is not more than the tax threshold | nil |\n| is more than the tax threshold | $100 plus 1.7c for each $1 in excess of the tax threshold |\n\n**sch 11:** Ins 2005 No 42, Sch 2 \\[4\\].","sortOrder":35},{"sectionNumber":"Schedule 12","sectionType":"schedule","heading":null,"content":"# Schedule 12\n\nSchedule 12\n\n(Section 3AK)\n\n| Where the taxable value assessed under the Principal Act | Rates of land tax payable |\n| is not more than the tax threshold | nil |\n| is more than the tax threshold | $100 plus 1.6c for each $1 in excess of the tax threshold |\n\n**sch 12:** Ins 2007 No 22, Sch 3 \\[3\\].","sortOrder":36},{"sectionNumber":"Schedule 13","sectionType":"schedule","heading":"Tax rates from 2009 land tax year","content":"# Schedule 13 Tax rates from 2009 land tax year\n\nSchedule 13 Tax rates from 2009 land tax year\n\n(Section 3AL)\n\n**sch 13:** Ins 2008 No 122, Sch 3.1 \\[4\\].","sortOrder":37},{"sectionNumber":"Part 1","sectionType":"part","heading":"General rate (where tax threshold applies)","content":"# Part 1 General rate (where tax threshold applies)\n\nPart 1 General rate (where tax threshold applies)\n\n| Taxable value assessed under Principal Act | Rate of land tax payable |\n| is not more than the tax threshold | nil |\n| is more than the tax threshold but not more than the premium rate threshold | $100 plus 1.6 per cent of the amount by which the taxable value exceeds the tax threshold |\n| is more than the premium rate threshold | $100 plus—(a) 1.6 per cent of the amount by which premium rate threshold exceeds the tax threshold, and(b) 2 per cent of the amount by which the taxable value exceeds the premium rate threshold |","sortOrder":38},{"sectionNumber":"Part 2","sectionType":"part","heading":"Land subject to special trust","content":"# Part 2 Land subject to special trust\n\nPart 2 Land subject to special trust\n\n| Taxable value assessed under Principal Act | Rate of land tax payable |\n| is not more than the premium rate threshold | 1.6 per cent of the taxable value |\n| is more than the premium rate threshold | 1.6 per cent of the premium rate threshold, plus 2 per cent of the amount by which the taxable value exceeds the premium rate threshold |","sortOrder":39},{"sectionNumber":"Part 3","sectionType":"part","heading":"Land owned by non-concessional company (group land holdings not exceeding premium rate threshold)","content":"# Part 3 Land owned by non-concessional company (group land holdings not exceeding premium rate threshold)\n\nPart 3 Land owned by non-concessional company (group land holdings not exceeding premium rate threshold)\n\n| Taxable value assessed under Principal Act | Rate of land tax payable |\n| is any amount | 1.6 per cent of the taxable value |","sortOrder":40},{"sectionNumber":"Part 4","sectionType":"part","heading":"Land owned by non-concessional company (group land holdings exceeding premium rate threshold)","content":"# Part 4 Land owned by non-concessional company (group land holdings exceeding premium rate threshold)\n\nPart 4 Land owned by non-concessional company (group land holdings exceeding premium rate threshold)\n\n| Taxable value assessed under Principal Act | Rate of land tax payable |\n| is any amount | 2 per cent of the taxable value |","sortOrder":41}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act began in 1956 as a straightforward rates schedule to be read with the Principal Act, imposing graduated land tax on taxable land values with basic concessions for low-value holdings. Its scope has expanded dramatically to encompass housing affordability and foreign investment policy: surcharge regimes on foreign persons (inserted 2016–2017 and escalated to 5%), developer refund pathways (s 5C), build-to-rent concessions (s 5CA), discretionary trust deeming rules (s 5D), and property tax offset mechanisms (s 3AL(6)–(9)). This transforms the statute from a pure revenue measure into a hybrid tax and economic policy instrument."},"complexity_factors":["Layered historical levy provisions (ss 3–3AL) that apply different rates and thresholds to specific past periods from 1956 through 2008","Multiple rate schedules (Schedules 1–13) with changing thresholds, flat fees, and marginal percentages that have been substituted or amended over 20+ occasions","Heavy cross-referencing to the Land Tax Management Act 1956 (Principal Act) for definitions, grouping rules, exemptions, and assessment mechanics, plus the Duties Act 1997 for 'foreign person' and 'residential land' meanings","Complex conditional logic in surcharge land tax rules (s 5A(4)) with 9 separate modifications, principal place of residence tests (ss 5B, 5BA), and discretionary trust deeming (s 5D)","Nested exceptions, refund mechanisms, backdating powers, and reassessment authorisations that interact with the Taxation Administration Act 1996","Recent insertions (e.g. s 5CA for build-to-rent) that introduce new defined terms, time-limited concession periods, and 15-year clawback rules"],"plain_english_summary":"**This Act sets the actual tax rates and special charges for land tax in New South Wales.**\n\nIt works as a companion to the main rules in the *Land Tax Management Act 1956* (called the Principal Act). The law calculates how much tax is owed based on the value of land a person owns at midnight on 31 December each year. Tax is charged for the following calendar year.\n\nKey features include:\n- Different rates for ordinary landowners, companies, and trusts (with higher rates for 'special trusts' and 'non-concessional companies').\n- A **surcharge land tax** on residential land owned by foreign persons (currently 5% in most cases), payable even if no ordinary land tax is due.\n- Special rules for refunds or exemptions for foreign-owned developers who build and sell new homes, subdivide land, or shift to commercial use.\n- Extra concessions and refund pathways for build-to-rent housing projects.\n- Minimum tax thresholds (no tax if the bill is under $100 in most years) and adjustments for land affected by flooding or property tax choices.\n\nIt matters because it directly affects the cost of owning investment property, influences housing policy by taxing foreign buyers more heavily, and provides targeted relief for certain development activities. Owners must self-assess and declare their situation each year; mistakes can trigger back-taxes, interest, and penalties."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope has expanded and become more differentiated since its original broad levy of land tax.  The instrument now (a) implements a separate surcharge regime targeted at residential land owned by foreign persons with year‑specific surcharge rates and detailed procedural rules (s 5A–5D); (b) creates specialised refund and concession mechanisms for development activities and build‑to‑rent projects with Treasurer‑determined refund amounts and long notification/reassessment windows (s 5C; s 5CA); (c) distinguishes owner types for ordinary land tax rates (special trusts, non‑concessional companies, group holdings and premium thresholds under s 3AL and Sch 13 Parts 1–4); and (d) adds narrow operational exceptions such as separate treatment of flood liable land (s 6).  These additions are implemented through definitions and cross‑references (s 2A; s 1) and by administrative powers given to the Chief Commissioner and the Treasurer (s 5A(4)(d); s 5C(2)–(5); s 5CA(2))."},"complexity_factors":["Multiple time‑specific levy provisions and many historical schedules (s 3–3AK; Schedules 1–12) requiring identification of the applicable taxing date.","From 2009 onward consolidated multi‑part rate structure with different rules for general owners, special trusts, non‑concessional companies and premium thresholds (s 3AL; Sch 13 Parts 1–4).","Extensive cross‑references to the Principal Act and the Duties Act for definitions, valuation and assessment mechanics (s 1; s 2A; s 3AL(3)–(4)).","Separate surcharge regime for foreign persons with year‑by‑year rate changes and additional procedural rules (s 5A(2)–(4)).","Numerous administrative discretions (Chief Commissioner approvals, apportionments, revocations and backdating; Treasurer orders for refunds) that affect liability and timing (s 5A(4)(d); s 5C(2)–(5); s 5CA(2), (4)–(6)).","Specific eligibility, declaration and residence tests (200 days) for principal place‑of‑residence exemptions (s 5B; s 5BA), plus special rules for retirement visa holders (s 5BA).","Refund and reassessment time limits with authorised backdated reassessments beyond usual limitations (s 5C(6A); s 5C(6); s 5CA(8)–(9)).","Trust and corporate treatment rules (discretionary trust trustee rules s 5D; non‑concessional company grouping in s 3AL Parts 3–4) that change who is liable and at what rate.","Special provisions (e.g. flood liable land taxed separately by parcel) that create procedural exceptions (s 6)."],"plain_english_summary":"What this law does (mechanically)\n\n- Sets out how land tax is charged, when it applies and the rates that apply for different years and owner-types (see s 3–3AL and Schedules 1–13).  The Act is read together with the Land Tax Management Act 1956 (the Principal Act), which provides valuation, assessment and collection procedures (s 1).\n\n- Imposes an extra, separate surcharge on residential land owned by foreign persons (called surcharge land tax).  That surcharge is calculated on the taxable value of the foreign-owned residential land and is payable in addition to ordinary land tax (s 5A(1)–(3)).  The surcharge rate is specified by year (s 5A(2)): e.g. 0.75% for 2016, 2% for 2017–2021, 4% for 2022–2023 and 5% from 2024 (s 5A(2)(a)–(d)).\n\n- Defines who may be treated as a foreign person in particular contexts by cross-reference to the Duties Act and by treating trustees of discretionary trusts as foreign persons unless the trust excludes foreign beneficiaries (s 2A; s 5D(1)–(3)).\n\n- Provides limited exemptions, reductions and refunds: for example, an exemption from the surcharge is available where the land is a person’s principal place of residence but only if residency conditions and a declaration are met (s 5B); refunds of surcharge land tax are available in specified development circumstances to Australian corporations (s 5C) and for certain build‑to‑rent projects (s 5CA).\n\n- Gives special treatment to particular owner-types in ordinary land tax rate-setting (for example, non‑concessional companies and special trusts) and sets out multi-part rate tables and thresholds that determine whether tax is nil or subject to graded or premium rates (s 3AL, Parts 1–4 of Schedule 13; many earlier time‑specified schedules).\n\n- Allows the Chief Commissioner and the Treasurer to exercise administrative powers: the Chief Commissioner can approve or revoke exemptions, make apportionments where land has non‑residential use, assess or reassess liability and require payment from joint owners or trustees when a foreign owner defaults (s 5A(4)(d), s 5A(4)(e), s 5A(5), s 5C(3)–(5), s 5CA(4)–(6)).  The Treasurer determines refund amounts for certain refunds and publishes the order in the Gazette (s 5C(2); s 5CA(2)).\n\nOfficial purpose-claims (as stated in the instrument)\n\n- The text establishes ordinary land tax liabilities by reference to taxable value and owner type (s 3–3AL; Schedules 1–13).\n\n- The surcharge provisions expressly operate to make foreign ownership of residential land subject to an additional tax (s 5A).\n\nTesting those purpose-claims against costs, incentives and implementation mechanics (what the law actually makes people do)\n\n- Who pays: owners of land pay ordinary land tax (s 3–3AL).  Foreign persons pay the surcharge on residential land in addition to any ordinary land tax (s 5A(1)–(3)).  Trustees of discretionary trusts are treated as foreign persons for surcharge purposes unless the trust excludes foreign beneficiaries (s 5D(1)–(3)).  Joint owners and trustees can be required to pay unpaid surcharge tax when a foreign owner defaults (s 5A(5)(a)–(b)).\n\n- Administrative decision‑makers and discretion: the Chief Commissioner assesses, can reduce taxable values where land is used partly for non‑residential purposes (s 5A(4)(d)), may approve or revoke exemptions and impose conditions (s 5C(3)–(5); s 5CA(4)–(6)), and serves notices that make others liable where a foreign person defaults (s 5A(5)).  The Treasurer sets refund amounts by order and publishes them (s 5C(2); s 5CA(2)).  These are operational levers that affect both timing and quantum of tax liabilities.\n\n- Compliance burdens and timing rules: persons seeking the principal‑place‑of‑residence exemption must be a permanent resident at the relevant date, declare their intention on a land tax return and meet a 200‑day continuous residence requirement in the land tax year (s 5B(1)–(2)).  Retirement‑visa holders have a related but time‑shifted requirement (s 5BA).  Refunds require timely applications (e.g. within 12 months of an entitling event and not later than 10 years from transfer in s 5C(6); s 5CA(8)), and some reassessments are expressly authorised more than 5 years after initial assessment (s 5C(6A); s 5CA(9)).  Build‑to‑rent refunds carry long‑running notification and reassessment obligations if the land is subdivided or ownership divided within 15 years (s 5CA(7)).\n\n- Economic incentives and effects on private choice: the surcharge increases the tax cost of holding residential land by foreign persons (s 5A(2)–(3)).  That additional cost may change choices about whether to hold or develop residential land, how to structure ownership (company, trust, individual), and whether to apply for administrative approvals or refunds (s 5C; s 5CA).  The Act gives special rate treatment to non‑concessional companies depending on group holdings and premium thresholds (s 3AL Parts 3–4), which mechanically affects company-level landholding decisions.  The Act also allows reductions where land is subject to property tax and the owner is an included owner (s 3AL(6)–(9)), creating a mechanical offset between different taxes.\n\n- Distribution of costs and benefits: the text targets surcharge liability at foreign persons owning residential land (s 5A), while ordinary land tax applies broadly.  Refund and exemption mechanisms (s 5B, s 5C, s 5CA) create concentrated benefits to particular developers or to persons who meet the residence or development conditions, while the surcharge revenue burden is borne by foreign residential owners (s 5A(3)).\n\n- Administrative and implementation risks: the Act relies on cross‑references to the Principal Act for valuation, assessment, group definitions and other procedures (s 1; s 2A; s 3AL(3)–(4)).  Practical application depends on the Chief Commissioner’s exercise of discretionary powers (approvals, apportionments, reassessments) and on Treasurer orders for refund quantum (s 5C(2); s 5CA(2); s 5C(5)).  Time limits and backdating powers (s 5C(5)(e)) introduce potential for reassessment and retrospective liability.\n\nKey cross‑references and timing features to note\n\n- Definitions of \"foreign person\", \"residential land\" and other terms are supplied by Chapter 2A of the Duties Act 1997 and by the Principal Act (s 2A; s 1).\n\n- The surcharge applies to the taxable value assessed under the Principal Act and is calculated at rates that change by year (s 5A(2); s 5A(4)(a)–(c)).\n\n- Ordinary land tax rates and thresholds are expressed across multiple historical sections/schedules that apply to particular taxing dates (s 3–3AK; Schedules 1–12) and from 2009 onward are consolidated into Schedule 13 with parts for general rates, special trusts and non‑concessional companies (s 3AL; Sch 13, Parts 1–4).\n\nPractical takeaways (mechanical, not evaluative)\n\n- Owners must check which schedule/rate table applies to their taxing date and how owner type (individual, non‑concessional company, special trust, foreign person) changes rate or eligibility for exemptions (s 3AL; Schedules 1–13).\n\n- Foreign persons with residential land face a separate surcharge obligation in addition to ordinary land tax, with explicit procedures for exemptions, declarations and possible recovery from co‑owners or trustees if a foreign owner defaults (s 5A–5D).\n\n- Developers and corporations can seek specified refunds if they meet the statutory conditions; those refunds are subject to Treasurer orders and Chief Commissioner approvals and carry time limits and notification obligations (s 5C; s 5CA)."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 1956 Act was a relatively straightforward state revenue measure taxing landowners. Over nearly seven decades of amendments, its scope has expanded considerably to address foreign ownership surcharges, complex trust and company ownership structures, primary production exemptions, and surcharge land tax for overseas persons — matters well beyond the original simple land tax framework."},"complexity_factors":["Nearly 70-year legislative history with approximately 20 distinct amended versions, requiring users to identify which version applies to their situation","Multiple exemption categories (primary residence, primary production, charities, public bodies, etc.) each with their own qualifying conditions","Surcharge provisions for foreign owners add an additional layer of rules","Aggregation rules (combining the value of all land owned) require understanding how multiple properties are assessed together","Interaction with other NSW legislation including the Valuation of Land Act and Taxation Administration Act","Threshold and rate adjustments over time mean historical liability calculations can differ significantly from current ones","Trust and company ownership structures trigger special rules, increasing complexity for non-individual owners","Dual ministerial responsibility (Treasurer and Finance Minister) suggests regulatory complexity in administration"],"plain_english_summary":"## NSW Land Tax Act 1956\n\n**What is this?**\nThis is a long-standing New South Wales (NSW) law that imposes **land tax** — an annual tax charged to people and organisations who own land in NSW (other than their main home). It is one of the state government's key revenue-raising tools.\n\n**Who does it affect?**\n- **Property investors** and landlords who own residential or commercial property in NSW (beyond their primary residence)\n- **Businesses** that own land or commercial premises\n- **Trusts and companies** that hold property\n- **Foreign owners** of NSW land (who may face additional surcharges)\n- Homeowners are generally **exempt** if the property is their principal place of residence (main home)\n\n**Why does it matter to you?**\n- If you own investment property, a holiday home, or commercial real estate in NSW, you likely owe land tax every year\n- The tax is calculated on the **unimproved value** of the land (what the land is worth without buildings on it), above a tax-free threshold\n- The tax rate and threshold change periodically, so the amount you owe can shift from year to year\n- Failing to pay can result in penalties and the tax becoming a charge (legal debt) attached to the land itself\n\n**Key points to know:**\n- The law has been in force since **1956** and has been amended many times — most recently in **September 2025**\n- It is administered jointly by the **Treasurer** and **Minister for Finance**\n- Various **exemptions** apply (e.g., primary production land, charities, certain public bodies)\n- The frequent amendments mean the rules around who pays, how much, and what exemptions apply have evolved significantly over the decades\n\n**Bottom line:** If you own land or property in NSW that isn't your home, this Act is probably relevant to your tax obligations."}},"importantCases":[],"_links":{"self":"/api/acts/land-tax-act-1956","history":"/api/acts/land-tax-act-1956/history","analysis":"/api/acts/land-tax-act-1956/analysis","conflicts":"/api/acts/land-tax-act-1956/conflicts","importantCases":"/api/acts/land-tax-act-1956/important-cases","documents":"/api/acts/land-tax-act-1956/documents"}}