This Act sets ordinary land tax rules and rates (by owner type and taxing year) and imposes a separate surcharge on residential land owned by “foreign persons” (including many trustees). It operates with the Land Tax Management Act for valuation, assessment and collection.
It also creates limited exemptions, refunds and compliance conditions (principal place of residence, development and build‑to‑rent refunds), and gives the Chief Commissioner and Treasurer discretionary powers over approvals, assessments, apportionments and refund orders.
The Land Tax Act 1956 is the rates-imposing companion statute to the Land Tax Management Act 1956 (the Principal Act). Section 1 expressly provides that it “shall be read and construed with” the Principal Act. Its core function is to prescribe the precise rates at which land tax is charged, levied, collected, and paid on the taxable value of land owned at midnight on 31 December each year, for the ensuing 12-month period commencing 1 January (see the suite of provisions from s 3 through to s 3AL, each tied to particular historical or current land tax years).
The Act operates in distinct chronological strata. For land tax years before 2009, specific sections fix both the general rates and the elevated flat rates applicable to non-concessional companies and special trusts: see, for example, s 3 (1973–1983), s 3AA (post-31 December 1984), s 3AB (1985–1987), up to s 3AK (2007). Each contains its own minimum-tax rule (originally $50, later $100) that extinguishes liability where the calculated tax falls below the floor. From the 2009 land tax year onward, s 3AL consolidates the regime by reference to the four parts of Schedule 13. Part 1 sets the general progressive rate ($100 plus 1.6% above the tax threshold, then 2% above the premium rate threshold). Part 2 applies to land subject to a special trust (1.6% up to the premium threshold, then 2%). Parts 3 and 4 differentiate non-concessional companies according to whether their grouped land holdings (defined by reference to s 29(7) of the Principal Act) stay below or exceed the premium rate threshold.
Overlaying the ordinary land tax is the surcharge land tax regime introduced in 2016. Section 5A(1) imposes surcharge land tax on “residential land owned by a foreign person”. The rate has been ratcheted upward: 0.75% for the 2016 taxing date, 2% for 2017–2021, 4% for 2022–2023, and 5% from 2024 onward (s 5A(2)). Critically, surcharge land tax is payable ordinary land tax and even if the ordinary liability is zero (s 5A(3)). The Principal Act’s assessment machinery applies with nine express modifications listed in s 5A(4), including treating the residential land as the foreign person’s only land, apportionment for joint ownership, exclusion of mortgagees in possession unless the mortgagor is foreign, and non-application of ordinary tax thresholds.
Current sections
Direct links to the current provisions in Land Tax Act 1956.
This Act commences upon the first day of November, one thousand nine hundred and fifty-six.
2A
Definitions
2A Definitions
2A Definitions
In this Act—
foreign person has the same meaning as in Chapter 2A of the Duties Act 1997.
non-concessional company means a company classified as a non-concessional company under section 29 of the Principal Act.
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.
residential land has the same meaning as in Chapter 2A of the Duties Act 1997.
retirement visa holder has the same meaning as in Chapter 2A of the Duties Act 1997.
surcharge land tax—see section 5A.
tax threshold means—
(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
(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.
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].
3
Levy of land tax
3 Levy of land tax
3 Levy of land tax
(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.
(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.
(1B) (Repealed)
(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.
(3) (Repealed)
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].
3AA
Levy of land tax after 31 December 1984
3AA Levy of land tax after 31 December 1984
3AA Levy of land tax after 31 December 1984
(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.
(2) In respect of the taxable value of all the land owned by a person at midnight on 31 December 1984 where—
(a) the owner is a company classified under section 29 of the Principal Act as a non-concessional company, or
(b) the land is subject to a discretionary trust,
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.
(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.
(4) (Repealed)
s 3AA: Ins 1984 No 130, Sch 1 (2). Am 1985 No 216, Sch 1 (1); 1999 No 10, Sch 3 [2].
3AB
Levy of land tax after 31 December 1985 and before 1 January 1988
3AB Levy of land tax after 31 December 1985 and before 1 January 1988
3AB Levy of land tax after 31 December 1985 and before 1 January 1988
(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.
(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—
(a) the owner is a company classified under section 29 of the Principal Act as a non-concessional company, or
(b) the land is subject to a special trust,
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.
(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.
(4) (Repealed)
s 3AB: Ins 1985 No 216, Sch 1 (2). Am 1987 No 228, Sch 1 (1); 1999 No 10, Sch 3 [3].
3AC
Levy of land tax after 31 December 1987
3AC Levy of land tax after 31 December 1987
3AC Levy of land tax after 31 December 1987
(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.
(2) In respect of the taxable value of all the land owned by a person at midnight on 31 December 1987 where—
(a) the owner is a company classified under section 29 of the Principal Act as a non-concessional company, or
(b) the land is subject to a special trust,
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.
(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.
(4) (Repealed)
s 3AC: Ins 1987 No 228, Sch 1 (2). Am 1988 No 127, Sch 1 (1); 1999 No 10, Sch 3 [4].
3AD
Levy of land tax after 31 December 1988
3AD Levy of land tax after 31 December 1988
3AD Levy of land tax after 31 December 1988
(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.
(2) In respect of the taxable value of all the land owned by a person at midnight on 31 December 1988 where—
(a) the owner is a company classified under section 29 of the Principal Act as a non-concessional company, or
(b) the land is subject to a special trust,
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.
(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.
(4) (Repealed)
s 3AD: Ins 1988 No 127, Sch 1 (2). Am 1990 No 34, Sch 1 (1); 1999 No 10, Sch 3 [5].
3AE
Levy of land tax after 31 December 1989
3AE Levy of land tax after 31 December 1989
3AE Levy of land tax after 31 December 1989
(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.
(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—
(a) the owner is a company classified under section 29 of the Principal Act as a non-concessional company, or
(b) the land is subject to a special trust,
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.
(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.
(4) (Repealed)
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].
3AF
Levy of land tax after 31 December 1996
3AF Levy of land tax after 31 December 1996
3AF Levy of land tax after 31 December 1996
(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.
(2) In respect of the taxable value of all the land owned by a person at midnight on 31 December 1996 where—
(a) the owner is a company classified under section 29 of the Principal Act as a non-concessional company, or
(b) the land is subject to a special trust,
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.
(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.
(4) (Repealed)
s 3AF: Ins 1996 No 55, Sch 1 (2). Am 1997 No 37, Sch 2 [2] [3]; 1999 No 10, Sch 3 [7].
3AG
Levy of land tax after 31 December 1997 and 31 December 1998
3AG Levy of land tax after 31 December 1997 and 31 December 1998
3AG Levy of land tax after 31 December 1997 and 31 December 1998
(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.
(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—
(a) the owner is a company classified under section 29 of the Principal Act as a non-concessional company, or
(b) the land is subject to a special trust,
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.
(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.
(4) (Repealed)
s 3AG: Ins 1996 No 55, Sch 1 (2). Subst 1997 No 37, Sch 2 [4]. Am 1999 No 10, Sch 3 [8].
3AH
Levy of land tax after 31 December 1999 and before 31 December 2004
3AH Levy of land tax after 31 December 1999 and before 31 December 2004
3AH Levy of land tax after 31 December 1999 and before 31 December 2004
(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.
(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—
(a) the owner is a company classified under section 29 of the Principal Act as a non-concessional company, or
(b) the land is subject to a special trust,
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.
(2A) (Repealed)
(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.
(4) (Repealed)
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].
3AI
Levy of land tax after 31 December 2004 and before 31 December 2005
3AI Levy of land tax after 31 December 2004 and before 31 December 2005
3AI Levy of land tax after 31 December 2004 and before 31 December 2005
(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.
(2) In respect of the taxable value of all the land owned by a person at midnight on 31 December 2004 where—
(a) the owner is a company classified under section 29 of the Principal Act as a non-concessional company, or
(b) the land is subject to a special trust,
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.
(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.
s 3AI: Ins 2004 No 33, Sch 2.1 [2]. Am 2005 No 42, Sch 2 [2].
3AJ
Levy of land tax after 31 December 2005 and before 31 December 2007
3AJ Levy of land tax after 31 December 2005 and before 31 December 2007
3AJ Levy of land tax after 31 December 2005 and before 31 December 2007
(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.
(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—
(a) the owner is a company classified under section 29 of the Principal Act as a non-concessional company, or
(b) the land is subject to a special trust,
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.
(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.
s 3AJ: Ins 2005 No 42, Sch 2 [3]. Am 2007 No 22, Sch 3 [1].
3AK
Levy of land tax after 31 December 2007 and before 31 December 2008
3AK Levy of land tax after 31 December 2007 and before 31 December 2008
3AK Levy of land tax after 31 December 2007 and before 31 December 2008
(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.
(2) In respect of the taxable value of all the land owned by a person at midnight on 31 December 2007 where—
(a) the owner is a company classified under section 29 of the Principal Act as a non-concessional company, or
(b) the land is subject to a special trust,
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.
(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.
s 3AK: Ins 2007 No 22, Sch 3 [2]. Am 2008 No 122, Sch 3.1 [2].
3AL
Levy of land tax after 31 December 2008
3AL Levy of land tax after 31 December 2008
3AL Levy of land tax after 31 December 2008
(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.
(2) For the purposes of this section, the applicable rate is—
(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
(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
(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
(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.
(3) For the purposes of this section—
(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
(b) a reference to a group is a reference to a group within the meaning of section 29 (7) of the Principal Act.
(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).
(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.
(6) The land tax payable by a person must be reduced if—
(a) the land owned by the person includes land subject to property tax, and
(b) the person is an included owner of the land subject to property tax.
(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.
(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.
s 3AL: Ins 2008 No 122, Sch 3.1 [3]. Am 2022 No 60, Sch 5.2.
3A
3A
3A–5 (Repealed)
5A
Levy of surcharge land tax on residential land owned by foreign persons—2017 and subsequent land tax years
5A Levy of surcharge land tax on residential land owned by foreign persons—2017 and subsequent land tax years
5A Levy of surcharge land tax on residential land owned by foreign persons—2017 and subsequent land tax years
(1) Land tax is payable under this section in respect of residential land owned by a foreign person (surcharge land tax).
(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—
(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
(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
(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
(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.
(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.
(4) The Principal Act applies to surcharge land tax in respect of residential land owned by a foreign person subject to the following—
(a) surcharge land tax is payable as if the residential land were the only land owned by the foreign person,
(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,
(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),
(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 in relation to the land,
(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,
(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,
(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,
(h) the tax thresholds under Division 4A of Part 7 of the Principal Act do not apply to surcharge land tax,
(i) any other modification prescribed by the regulations under the Principal Act applies to surcharge land tax.
(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—
(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,
(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,
(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,
(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.
(6) (Repealed)
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].
5B
Surcharge land tax—residence requirement applying to principal place of residence exemption
5B Surcharge land tax—residence requirement applying to principal place of residence exemption
5B Surcharge land tax—residence requirement applying to principal place of residence exemption
(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—
(a) the person is a permanent resident at midnight on 31 December of the previous year, and
(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
(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.
(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.
(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.
(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.
(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.
(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.
(5) Any interest that is payable on the tax default in accordance with Part 5 of the Taxation Administration Act 1996 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.
s 5B: Ins 2017 No 33, Sch 2.2 [4]. Am 2022 No 16, Sch 5[1].
5BA
Surcharge land tax—residence requirement applying to principal place of residence exemption for retirement visa holders
5BA Surcharge land tax—residence requirement applying to principal place of residence exemption for retirement visa holders
5BA Surcharge land tax—residence requirement applying to principal place of residence exemption for retirement visa holders
(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.
(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.
s 5BA: Ins 2019 No 8, Sch 2.2 [2].
5C
Surcharge land tax—certain development by Australian-based developers that are foreign persons
5C Surcharge land tax—certain development by Australian-based developers that are foreign persons
5C Surcharge land tax—certain development by Australian-based developers that are foreign persons
(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—
(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
(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, section 6.4) for the subdivision, or
(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.
(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).
(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.
(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.
(5) The approval of a foreign person as an exempt person under this section is subject to the following provisions—
(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,
(b) an approval may be given subject to conditions and the approval operates subject to any such conditions,
(c) the conditions of an approval may be varied by the Chief Commissioner at any time by notice to the person,
(d) an approval can be revoked by the Chief Commissioner at any time by notice to the person,
(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.
(6) Surcharge land tax may be refunded under this section only if an application for the refund is made—
(a) within 12 months after the entitling event, and
(b) no later than 10 years after completion of the transfer of the residential land to the Australian corporation.
(6AA) Surcharge land tax may not be refunded under this section if—
(a) completion of the transfer of the residential land to the Australian corporation occurred before 21 June 2016, and
(b) an application for the refund was not made on or before 21 June 2021.
(6A) For the purposes of the Taxation Administration Act 1996, section 9(3)(c), a reassessment under this section is authorised to be made more than 5 years after the initial assessment.
(7) In this section—
associated person has the same meaning as in the Duties Act 1997.
Australian corporation means a corporation that is incorporated or taken to be incorporated under the Corporations Act 2001 of the Commonwealth.
entitling event means—
(a) for a refund under subsection (1)(a)—the completion of the sale of the new home, or
(b) for a refund under subsection (1)(b)—the issue of the subdivision certificate, or
(c) for a refund under subsection (1)(c)—the start of the use of the land wholly or predominantly for commercial or industrial purposes.
related body corporate has the same meaning as in the Corporations Act 2001 of the Commonwealth.
transfer includes an assignment and an exchange.
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.
5CA
Surcharge land tax—build-to-rent properties owned by foreign persons
5CA Surcharge land tax—build-to-rent properties owned by foreign persons
5CA Surcharge land tax—build-to-rent properties owned by foreign persons
(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—
(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
(b) the corporation is entitled under the relevant section of the Principal Act to a reduction in land value.
(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.
(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).
(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.
(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.
(6) The approval of a foreign person as an exempt person under this section is subject to the following provisions—
(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,
(b) an approval may be given subject to conditions and the approval operates subject to any such conditions,
(c) the conditions of an approval may be varied by the Chief Commissioner at any time by notice to the person,
(d) an approval can be revoked by the Chief Commissioner at any time by notice to the person,
(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.
(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—
(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
(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—
(i) the year in which the land is subdivided or the ownership of the land is otherwise divided,
(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
(c) the subdivision or division is taken to be a tax default for the purposes of Part 5 of the Taxation Administration Act 1996.
(8) Surcharge land tax for a land tax year may be refunded under this section only if an application for the refund is made—
(a) within 12 months after the owner of the land concerned became entitled to the refund, and
(b) not later than 10 years after the land tax year concerned.
(9) For the purposes of section 9(3)(c) of the Taxation Administration Act 1996, any reassessment under this section is authorised to be made more than 5 years after the initial assessment.
(10) In this section—
Australian corporation means a corporation that is incorporated or taken to be incorporated under the Corporations Act 2001 of the Commonwealth.
related body corporate has the same meaning as in the Corporations Act 2001 of the Commonwealth.
relevant concession period means—
(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
(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.
s 5CA: Ins 2020 No 19, Sch 2. Am 2025 No 59, Sch 2[1] [2].
5D
Surcharge land tax—discretionary trusts
5D Surcharge land tax—discretionary trusts
5D Surcharge land tax—discretionary trusts
(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.
(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.
(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—
(a) no potential beneficiary of the trust is a foreign person (the no foreign beneficiary requirement),
(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).
Note.
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.
(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.
Note.
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.
(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.
(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.
(7) (Repealed)
s 5D: Ins 2020 No 14, Sch 2. Am 2022 No 16, Sch 5[7].
6
Land tax liability in respect of flood liable land
6 Land tax liability in respect of flood liable land
6 Land tax liability in respect of flood liable land
(1) In this section—
council, in relation to any land, means the council of the area, within the meaning of the Local Government Act 1993, in which the land is situated.
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.
(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—
(a) calculated separately in respect of each parcel of that land that is not exempt from taxation, and
(b) so calculated in the case of each such parcel as if it were the only land owned by that person.
(3) This section does not apply to surcharge land tax under section 5A.
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].
Schedule 1
Schedule 1
Schedule 1
(Section 3)
| Where the taxable value as assessed under Principal Act | Rates of Land Tax Payable |
| does not exceed $5,000 | 0.3c for each $1 |
| $ $ | $ c $ |
| exceeds 5,000 but does not exceed 10,000 | 15.00 plus 0.45c for each $1 in excess of 5,000 |
| " 10,000 """" 20,000 | 37.50 " 0.6c """" 10,000 |
| " 20,000 """" 30,000 | 97.50 " 0.75c """" 20,000 |
| " 30,000 """" 40,000 | 172.50 " 0.9c """" 30,000 |
| " 40,000 """" 50,000 | 262.50 " 1.05c """" 40,000 |
| " 50,000 """" 60,000 | 367.50 " 1.2c """" 50,000 |
| " 60,000 """" 70,000 | 487.50 " 1.35c """" 60,000 |
| " 70,000 """" 80,000 | 622.50 " 1.5c """" 70,000 |
| " 80,000 """" 90,000 | 772.50 " 1.65c """" 80,000 |
| " 90,000 """" 100,000 | 937.50 " 1.8c """" 90,000 |
| " 100,000 """" 110,000 | 1,117.50 " 1.95c """" 100,000 |
| " 110,000 """" 120,000 | 1,312.50 " 2.1c """" 110,000 |
| " 120,000 """" 130,000 | 1,522.50 " 2.25c """" 120,000 |
| " 130,000 | 1,747.50 " 2.4c """" 130,000 |
sch 1, hdg: Subst 1984 No 130, Sch 1 (5).
sch 1: Subst 1973 No 70, sec 7 (c).
Schedule 2
Schedule 2
Schedule 2
(Section 3AA)
| Where the taxable value as assessed under the Principal Act | Rates of Land Tax Payable |
| does not exceed $55,000 | nil |
| exceeds $55,000 but does not exceed $60,000 | $50 plus 0.5c for each $1 in excess of $55,000 |
| exceeds $60,000 but does not exceed $70,000 | $75 plus 1.5c for each $1 in excess of $60,000 |
| exceeds $70,000 | $225 plus 2.5c for each $1 in excess of $70,000 |
sch 2: Ins 1984 No 130, Sch 1 (6).
Schedule 3
Schedule 3
Schedule 3
(Section 3AB)
| Where the taxable value assessed under the Principal Act | Rates of Land Tax Payable |
| is less than $94,000 | nil |
| is not less than $94,000 | $100 plus 2c for each $1 in excess of $94,000 |
sch 3: Ins 1985 No 216, Sch 1 (6).
Schedule 4
Schedule 4
Schedule 4
(Section 3AC)
| Where the taxable value assessed under the Principal Act | Rates of Land Tax Payable |
| is less than $125,000 | nil |
| is not less than $125,000 | $100 plus 2c for each $1 in excess of $125,000 |
sch 4: Ins 1987 No 228, Sch 1 (6).
Schedule 5
Schedule 5
Schedule 5
(Section 3AD)
| Where the taxable value assessed under the Principal Act | Rates of land tax payable |
| is less than $135,000 | nil |
| is not less than $135,000 | $100 plus 2c for each $1 in excess of $135,000 |
sch 5: Ins 1988 No 127, Sch 1 (5).
Schedule 6
Schedule 6
Schedule 6
(Section 3AE)
| Where the taxable value assessed under the Principal Act | Rates of land tax payable |
| is less than $160,000 | nil |
| is not less than $160,000 | $100 plus 1.5c for each $1 in excess of $160,000 |
sch 6: Ins 1990 No 34, Sch 1 (4).
Schedule 7
Schedule 7
Schedule 7
(Section 3AF)
| Where the taxable value assessed under the Principal Act | Rates of land tax payable |
| is less than $160,000 | nil |
| is not less than $160,000 | $100 plus 1.65c for each $1 in excess of $160,000 |
sch 7: Ins 1996 No 55, Sch 1 (3).
Schedule 8
Schedule 8
Schedule 8
(Section 3AG)
| Where the taxable value assessed under the Principal Act | Rates of land tax payable |
| is less than the tax threshold | nil |
| is not less than the tax threshold | $100 plus 1.85c for each $1 in excess of the tax threshold |
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].
Schedule 9
Schedule 9
Schedule 9
(Section 3AH)
| Where the taxable value assessed under the Principal Act | Rates of land tax payable |
| is less than the tax threshold | nil |
| is not less than the tax threshold | $100 plus 1.7c for each $1 in excess of the tax threshold |
sch 9: Ins 1997 No 37, Sch 2 [5]. Subst 1998 No 79, Sch 2.2. Am 1998 No 81, Sch 2 [2].
Schedule 10
Schedule 10
Schedule 10
(Section 3AI)
| Taxable value assessed under Principal Act | Rates of land tax payable |
| Not more than $400,000 | 0.4 cents for each $1 |
| 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 |
| More than $500,000 | $2,200 plus 1.4 cents for each $1 by which the taxable value exceeds $500,000 |
sch 10: Ins 2004 No 33, Sch 2.1 [3].
Schedule 11
Schedule 11
Schedule 11
(Section 3AJ)
| Where the taxable value assessed under the Principal Act | Rates of land tax payable |
| is not more than the tax threshold | nil |
| is more than the tax threshold | $100 plus 1.7c for each $1 in excess of the tax threshold |
sch 11: Ins 2005 No 42, Sch 2 [4].
Schedule 12
Schedule 12
Schedule 12
(Section 3AK)
| Where the taxable value assessed under the Principal Act | Rates of land tax payable |
| is not more than the tax threshold | nil |
| is more than the tax threshold | $100 plus 1.6c for each $1 in excess of the tax threshold |
sch 12: Ins 2007 No 22, Sch 3 [3].
Schedule 13
Tax rates from 2009 land tax year
Schedule 13 Tax rates from 2009 land tax year
Schedule 13 Tax rates from 2009 land tax year
(Section 3AL)
sch 13: Ins 2008 No 122, Sch 3.1 [4].
Part 1
General rate (where tax threshold applies)
Part 1 General rate (where tax threshold applies)
Part 1 General rate (where tax threshold applies)
| Taxable value assessed under Principal Act | Rate of land tax payable |
| is not more than the tax threshold | nil |
| 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 |
| 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 |
Part 2
Land subject to special trust
Part 2 Land subject to special trust
Part 2 Land subject to special trust
| Taxable value assessed under Principal Act | Rate of land tax payable |
| is not more than the premium rate threshold | 1.6 per cent of the taxable value |
| 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 |
Part 3
Land owned by non-concessional company (group land holdings not exceeding premium rate threshold)
Part 3 Land owned by non-concessional company (group land holdings not exceeding premium rate threshold)
Part 3 Land owned by non-concessional company (group land holdings not exceeding premium rate threshold)
| Taxable value assessed under Principal Act | Rate of land tax payable |
| is any amount | 1.6 per cent of the taxable value |
Part 4
Land owned by non-concessional company (group land holdings exceeding premium rate threshold)
Part 4 Land owned by non-concessional company (group land holdings exceeding premium rate threshold)
Part 4 Land owned by non-concessional company (group land holdings exceeding premium rate threshold)
| Taxable value assessed under Principal Act | Rate of land tax payable |
| is any amount | 2 per cent of the taxable value |
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of Act and construction
1 Name of Act and construction
1 Name of Act and construction
This Act may be cited as the Land Tax Act 1956 and shall be read and construed with the Land Tax Management Act 1956, in this Act hereinafter referred to as the Principal Act.
2 Commencement
2 Commencement
2 Commencement
This Act commences upon the first day of November, one thousand nine hundred and fifty-six.
2A Definitions
2A Definitions
2A Definitions
In this Act—
foreign person has the same meaning as in Chapter 2A of the Duties Act 1997.
non-concessional company means a company classified as a non-concessional company under section 29 of the Principal Act.
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.
residential land has the same meaning as in Chapter 2A of the Duties Act 1997.
retirement visa holder has the same meaning as in Chapter 2A of the Duties Act 1997.
surcharge land tax—see section 5A.
tax threshold means—
(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
(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.
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].
3 Levy of land tax
3 Levy of land tax
3 Levy of land tax
(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.
in addition to
Residence-based exemptions from surcharge are tightly constrained. Section 5B imposes a 200-day continuous occupation requirement in the land tax year itself (or, for retirement visa holders, the previous year under s 5BA), coupled with permanent-resident status, an intention declaration, and physical-presence rules. Non-compliance triggers reassessment as if the exemption never applied, treated as a tax default under the Taxation Administration Act 1996 (TAA) with interest running from the original return due date (s 5B(4)–(5)).
Refund and concession pathways exist for Australian corporations that are nonetheless “foreign persons”. Section 5C entitles such corporations to a Treasurer-determined refund where residential land is used for new-home construction and sale, subdivision for new homes, or commercial/industrial purposes. Section 5CA provides an analogous refund for build-to-rent properties qualifying for land-value reductions under ss 9E or 9F of the Principal Act, subject to a 15-year clawback if the land is later subdivided or ownership divided. Discretionary trusts are deemed foreign for surcharge purposes unless the trust deed both excludes foreign beneficiaries and is incapable of amendment to include them (s 5D).
Finally, the Act contains residual relief: s 6 reduces the land-tax burden on flood-liable land by requiring separate, single-parcel calculations, and s 3AL(6)–(9) grants a proportional reduction where land is also subject to property tax under the Property Tax (First Home Buyer Choice) Act 2022.
In aggregate, the statute translates the Principal Act’s liability rules into concrete dollar amounts while pursuing contemporary policy goals of discouraging foreign residential investment and encouraging housing supply.
Who it affects
The Act’s reach is broad but graduated. Every “person” (including companies and trustees) who owns land in New South Wales with a taxable value above the applicable threshold is potentially liable for ordinary land tax under the levy sections. Because liability crystallises at midnight on 31 December, the Act affects any individual or entity holding a freehold interest, certain leasehold interests, or deemed ownership under the Principal Act’s extended definition in s 23.
Special classes face elevated exposure. Non-concessional companies (classified under s 29 of the Principal Act) and trustees of special trusts (or discretionary trusts that fail the s 5D test) pay at the higher rates prescribed in Schedule 13 Parts 2–4. Foreign persons—defined by cross-reference to Chapter 2A of the Duties Act 1997—are the primary targets of the surcharge regime. This includes foreign individuals, foreign corporations, and trustees of trusts that do not irrevocably exclude foreigners (s 5D). Joint owners who are foreign are assessed individually on their proportionate interest (s 5A(4)(c)), and co-owners who are not foreign can become jointly and severally liable for a defaulting foreign co-owner’s surcharge (s 5A(5)).
Developers receive targeted relief. Australian corporations that are nonetheless foreign persons can obtain refunds or upfront exemptions under ss 5C and 5CA if they construct and sell new homes without intermediate occupation, subdivide for residential development, convert land to commercial use, or deliver qualifying build-to-rent projects. Retirement visa holders receive a modified principal-place-of-residence pathway (s 5BA).
Owners of flood-liable land benefit from the isolated-parcel calculation in s 6, provided the land is unoccupied and certified unsuitable for building. Owners who have elected into the property tax regime under the Property Tax (First Home Buyer Choice) Act 2022 receive a proportional reduction in ordinary land tax (s 3AL(6)–(9)).
Trustees of fixed trusts are carved out of surcharge liability (s 5A(4)(e)), while mortgagees in possession are generally not treated as owners for surcharge purposes unless the mortgagor is foreign (s 5A(4)(f)). The Chief Commissioner’s power to approve exempt persons for developer land (ss 5C(3), 5CA(4)) introduces an administrative gatekeeper that affects foreign developers seeking certainty.
In practice, the Act therefore touches every land-owning taxpayer in New South Wales but imposes its heaviest compliance and financial burden on foreign investors, corporate groups, trustees of discretionary or special trusts, and large-scale residential developers.
Key duties and rights
Taxpayers’ primary duty is to furnish accurate land tax returns under s 12 of the Principal Act, including the s 5B(1)(c) declaration of intention to occupy residential land as a principal place of residence where a surcharge exemption is claimed. Foreign persons must self-assess both ordinary land tax and surcharge land tax on the same return. Trustees of discretionary trusts must ensure trust deeds satisfy the “no foreign beneficiary” and “no amendment” requirements of s 5D(3) or face deemed foreign-person status.
The Chief Commissioner holds significant powers: to issue notices requiring joint owners or trustees to pay a defaulting foreign person’s surcharge (s 5A(5)), to reassess on failure to meet the 200-day residence rule (s 5B(3)), to vary or revoke exempt-person approvals with backdating effect (ss 5C(5), 5CA(5)), and to determine apportionment factors by reference to Duties Act 1997 s 104ZB (s 5A(4)(d)).
Rights conferred on taxpayers include the entitlement to a Treasurer-ordered refund under ss 5C(1)–(2) and 5CA(1)–(3) upon satisfying the new-home, subdivision, or commercial-use criteria, subject to the 12-month/10-year application windows. Owners of flood-liable land have a statutory right to segmented assessment (s 6(2)). Taxpayers facing reassessment for residence non-compliance enjoy the procedural safeguards of the TAA, although interest runs from the original due date (s 5B(5)).
Build-to-rent owners have a 15-year stability period before subdivision triggers clawback (s 5CA(7)), and the legislation expressly authorises reassessments outside the normal five-year limit (ss 5C(6A), 5CA(9) applying TAA s 9(3)(c)).
Exemptions from surcharge for principal place of residence are available only to permanent residents (or retirement visa holders) who meet the strict occupancy and declaration conditions (ss 5B, 5BA), giving eligible foreign residents a narrowly framed right that most temporary visa holders lack.
Penalties and enforcement
The Act itself does not create standalone offences; instead it piggy-backs on the TAA. Failure to pay surcharge land tax is a “tax default” (s 5B(4)), attracting the general interest charge under TAA Part 5 from the original return due date until the reassessment date. Joint owners or trustees served with a notice under s 5A(5) become personally liable for the unpaid surcharge and may recover it from the defaulting foreign person, but cannot escape liability by claiming they are not foreign.
Reassessment following revocation of an exempt-person approval or breach of the residence requirement can reach back indefinitely for the relevant land tax year and can be made more than five years after the initial assessment (ss 5C(6A), 5CA(9)). The 15-year clawback under s 5CA(7) for subdivided build-to-rent land treats the subdivision as a fresh tax default, exposing the taxpayer to interest and potential penalty tax under TAA Division 2.
Penalty tax under the TAA can be imposed at 25% (or 75% for intentional disregard) on the shortfall where a return understates surcharge liability or omits the required occupation declaration. Because surcharge is calculated as if the residential land were the foreign person’s only holding (s 5A(4)(a)), errors in apportionment or failure to notify changes in foreign status can generate substantial shortfalls.
The Chief Commissioner’s backdating power when revoking approvals (s 5C(5)(e)) can crystallise immediate liability for multiple prior years plus interest, effectively functioning as a civil penalty for changed circumstances.
How it interacts with other laws
The Act is expressly parasitic on the Principal Act: every levy section states that tax is “charged, levied, collected and paid under the provisions of the Principal Act and in the manner therein prescribed”. Definitions of “foreign person”, “residential land”, and “retirement visa holder” are imported wholesale from Chapter 2A of the Duties Act 1997 (s 2A). The grouping rules for non-concessional companies cross-reference s 29(7) of the Principal Act (s 3AL(3)(b)). Principal-place-of-residence exemptions for surcharge invoke ss 9C and 9D of the Principal Act but only to the extent permitted by s 5B (s 5A(4)(g)).
The Taxation Administration Act 1996 supplies the entire assessment, objection, review, collection, and penalty regime. Sections 5B(4), 5C(6A), and 5CA(9) expressly engage TAA Part 5 (interest and penalty tax) and TAA s 9(3)(c) (extended reassessment periods).
Interaction with the Environmental Planning and Assessment Act 1979 occurs via the requirement for a subdivision certificate under s 6.4 before a s 5C(1)(b) refund can arise. The Corporations Act 2001 (Cth) supplies the definitions of “Australian corporation” and “related body corporate” used in ss 5C and 5CA. The Property Tax (First Home Buyer Choice) Act 2022 supplies the concepts of “property tax”, “included owner”, and “hybrid land” that generate the offset in s 3AL(6)–(9).
The Local Government Act 1993 informs the definition of “council” for the flood-liable land concession in s 6. Commonwealth immigration legislation indirectly determines “permanent resident” and “retirement visa holder” status, which in turn controls eligibility for the s 5B/5BA residence exemption.
Conflicts are resolved by the specific modifications in s 5A(4), which displace otherwise applicable Principal Act rules such as joint assessment under s 27(2)–(4).
Recent changes and why
The most significant recent amendments reflect housing-affordability and foreign-investment policy. The surcharge rate rose from 4% to 5% for 2024 and later years (2024 No 38, Sch 3[4]), consistent with the long-term policy of cooling foreign demand for established dwellings.
The build-to-rent concession in s 5CA was inserted in 2020 (2020 No 19, Sch 2) and refined in 2025 (2025 No 59, Sch 2) to align the concession period with the land-value reduction under Principal Act ss 9E and 9F. The 15-year clawback and notification obligation were added to prevent gaming of the concession through later subdivision. These changes respond to chronic rental shortages by incentivising institutional investment in large-scale rental projects.
Section 5C developer refunds were expanded in 2022 (2022 No 16, Sch 5; 2022 No 59, Sch 2.24) to cover commercial or industrial use and to relax time limits, then further adjusted in 2024 (2024 No 90, Sch 3). The object is to ensure foreign developers are not deterred from supplying new housing stock.
The residence requirement for retirement visa holders was liberalised in 2019 (2019 No 8, Sch 2.2) by allowing the 200-day test to be satisfied in the previous land tax year (s 5BA), addressing the practical difficulty faced by retirees who may not meet the test in the year they first acquire property.
The 2022 amendments to s 3AL introduced the property-tax offset to avoid double taxation for owners who have opted into the alternative regime. Each change has been accompanied by corresponding updates to definitions in s 2A, illustrating the statute’s continuing evolution from a static rates schedule into a dynamic policy lever.
Court challenges and controversies
Although the provided text does not contain judicial decisions, the structure of the surcharge regime has generated predictable litigation hotspots. The deeming of discretionary trustees as foreign persons under s 5D has been criticised for capturing trusts that historically permitted foreign beneficiaries but have since been amended. The “no amendment” requirement has been described as draconian because many older deeds contain broad variation powers; the transitional note in s 5D(3) mitigates this only for trusts that already satisfied the no-foreign-beneficiary test before commencement.
The 200-day physical-occupation rule in s 5B(2), coupled with the deeming of any overseas absence as non-occupation (s 5B(2A)), raises Charter and discrimination issues for foreign residents required to travel for business or family. The Chief Commissioner’s discretionary waiver power in “exceptional circumstances” (s 5B(2B)) is likely to generate judicial-review applications on Wednesbury unreasonableness grounds.
Reassessment backdating and the 15-year clawback under s 5CA(7) test the limits of retrospective taxation. While the statute expressly authorises extended reassessment periods, taxpayers may argue that repeated reassessments for the same land across multiple years constitute an acquisition of property on unjust terms or infringe the rule of law.
The interaction between s 5A(4)(f) (mortgagees in possession) and the Principal Act’s general ownership rules has the potential to produce disputes where a foreign mortgagor defaults and the mortgagee, a non-foreign bank, finds itself unexpectedly liable.
Controversy also surrounds the Treasurer’s unpublished refund orders under ss 5C(2) and 5CA(2). Because the precise refund quantum is not legislated but determined by Gazette order, there is scope for claims of lack of transparency and unequal treatment between developers.
Gotchas
Most practitioners miss that surcharge land tax is calculated on the entire taxable value of the residential land as if it were the foreign person’s only holding (s 5A(4)(a)), even when the owner holds dozens of other properties that would otherwise absorb the entire tax threshold. The $100 minimum does not apply to surcharge.
The s 5D discretionary-trust test is stricter than many advisers realise: it is not enough that no foreign person is currently a beneficiary; the deed must be incapable of amendment to make a foreign person a potential beneficiary. A single clause allowing variation by deed poll can disqualify the entire trust.
Foreign developers relying on the s 5C refund must apply within 12 months of the entitling event and no later than 10 years after the original transfer; the two limbs are cumulative. The 21 June 2021 cut-off in s 5C(6AA) permanently bars refunds for pre-2016 acquisitions even if the developer otherwise qualifies.
The 200-day residence rule for surcharge PPR exemption is measured by calendar days of actual occupation; overnight absences, hospital stays, or brief holidays can break continuity unless the Chief Commissioner grants a rare waiver. Physical absence from Australia at any time during the period is fatal (s 5B(2A)).
Section 3AL(6)–(9) property-tax offsets are proportional only to the value of the land subject to property tax; hybrid land requires apportionment among included owners. Many taxpayers overlook the need to obtain a separate valuation or apportionment factor.
Finally, the Act’s historical sections remain relevant for objection and review proceedings concerning prior-year assessments. Advisers who look only at the current s 3AL and Schedule 13 can misstate the applicable rate for a 2007 land tax year still under audit.
How to comply
Compliance begins with a yearly ownership snapshot at midnight on 31 December. Landowners must maintain accurate records of legal and beneficial ownership, trust deeds, foreign-person status of all potential beneficiaries, and occupancy patterns for any residential land on which a surcharge exemption will be claimed.
For foreign persons, the compliance checklist includes: (1) identifying every parcel of residential land; (2) calculating its taxable value under the Principal Act (ignoring other land); (3) applying the applicable surcharge rate from s 5A(2); (4) lodging the return with a s 5B declaration if PPR relief is sought; and (5) ensuring 200 continuous days of occupation (or satisfying s 5BA for retirement visa holders). Joint foreign owners must each lodge separately on their proportionate share.
Trustees of discretionary trusts should obtain senior counsel advice on whether the deed satisfies both limbs of s 5D(3). If it does not, consider a court-approved variation before the next taxing date or accept the surcharge.
Developers seeking s 5C or s 5CA refunds must retain evidence of construction completion, sale without intermediate occupation, subdivision certificates, or commercial-use commencement. Applications must be lodged within the tighter of 12 months after the entitling event or the 10-year long-stop. For build-to-rent projects, a 15-year diary note is essential to trigger the s 5CA(7) notification obligation on any subdivision or ownership split.
Corporate groups must track “group land holdings” within the meaning of Principal Act s 29(7) to determine whether Part 3 or Part 4 of Schedule 13 applies to non-concessional companies. Flood-liable land requires a council certificate or Chief Commissioner opinion before the s 6 concession can be claimed.
All taxpayers should reconcile land-tax and surcharge assessments against council rates notices, foreign-investment approval documents, and immigration status records. Where doubt exists about permanent-resident status or apportionment factors, an application for a private ruling under the TAA is advisable before the return is lodged.
Annual training for in-house counsel and compliance teams should cover the interaction between this Act, the Principal Act, the Duties Act 1997, and the TAA. Automated valuation and ownership-monitoring software must be calibrated to flag foreign-person triggers and discretionary-trust exposure. Finally, because rates and thresholds are adjusted almost every year, compliance calendars should be updated each October with the latest Gazette determinations of tax threshold and premium rate threshold.
Adopting this disciplined, multi-statute approach minimises the risk of reassessment, interest, and penalty tax while preserving eligibility for developer refunds and build-to-rent concessions.
Levy of land tax after 31 December 1985 and before 1 January 1988
(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.
(1B) (Repealed)
(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.
(3) (Repealed)
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].
3AA Levy of land tax after 31 December 1984
3AA Levy of land tax after 31 December 1984
3AA Levy of land tax after 31 December 1984
(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.
(2) In respect of the taxable value of all the land owned by a person at midnight on 31 December 1984 where—
(a) the owner is a company classified under section 29 of the Principal Act as a non-concessional company, or
(b) the land is subject to a discretionary trust,
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.
(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.
(4) (Repealed)
s 3AA: Ins 1984 No 130, Sch 1 (2). Am 1985 No 216, Sch 1 (1); 1999 No 10, Sch 3 [2].
3AB Levy of land tax after 31 December 1985 and before 1 January 1988
3AB Levy of land tax after 31 December 1985 and before 1 January 1988
3AB Levy of land tax after 31 December 1985 and before 1 January 1988
(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.
(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—
(a) the owner is a company classified under section 29 of the Principal Act as a non-concessional company, or
(b) the land is subject to a special trust,
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.
(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.
(4) (Repealed)
s 3AB: Ins 1985 No 216, Sch 1 (2). Am 1987 No 228, Sch 1 (1); 1999 No 10, Sch 3 [3].
3AC Levy of land tax after 31 December 1987
3AC Levy of land tax after 31 December 1987
3AC Levy of land tax after 31 December 1987
(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.
(2) In respect of the taxable value of all the land owned by a person at midnight on 31 December 1987 where—
(a) the owner is a company classified under section 29 of the Principal Act as a non-concessional company, or
(b) the land is subject to a special trust,
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.
(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.
(4) (Repealed)
s 3AC: Ins 1987 No 228, Sch 1 (2). Am 1988 No 127, Sch 1 (1); 1999 No 10, Sch 3 [4].
3AD Levy of land tax after 31 December 1988
3AD Levy of land tax after 31 December 1988
3AD Levy of land tax after 31 December 1988
(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.
(2) In respect of the taxable value of all the land owned by a person at midnight on 31 December 1988 where—
(a) the owner is a company classified under section 29 of the Principal Act as a non-concessional company, or
(b) the land is subject to a special trust,
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.
(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.
(4) (Repealed)
s 3AD: Ins 1988 No 127, Sch 1 (2). Am 1990 No 34, Sch 1 (1); 1999 No 10, Sch 3 [5].
3AE Levy of land tax after 31 December 1989
3AE Levy of land tax after 31 December 1989
3AE Levy of land tax after 31 December 1989
(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.
(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—
(a) the owner is a company classified under section 29 of the Principal Act as a non-concessional company, or
(b) the land is subject to a special trust,
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.
(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.
(4) (Repealed)
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].
3AF Levy of land tax after 31 December 1996
3AF Levy of land tax after 31 December 1996
3AF Levy of land tax after 31 December 1996
(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.
(2) In respect of the taxable value of all the land owned by a person at midnight on 31 December 1996 where—
(a) the owner is a company classified under section 29 of the Principal Act as a non-concessional company, or
(b) the land is subject to a special trust,
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.
(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.
(4) (Repealed)
s 3AF: Ins 1996 No 55, Sch 1 (2). Am 1997 No 37, Sch 2 [2] [3]; 1999 No 10, Sch 3 [7].
3AG Levy of land tax after 31 December 1997 and 31 December 1998
3AG Levy of land tax after 31 December 1997 and 31 December 1998
3AG Levy of land tax after 31 December 1997 and 31 December 1998
(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.
(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—
(a) the owner is a company classified under section 29 of the Principal Act as a non-concessional company, or
(b) the land is subject to a special trust,
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.
(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.
(4) (Repealed)
s 3AG: Ins 1996 No 55, Sch 1 (2). Subst 1997 No 37, Sch 2 [4]. Am 1999 No 10, Sch 3 [8].
3AH Levy of land tax after 31 December 1999 and before 31 December 2004
3AH Levy of land tax after 31 December 1999 and before 31 December 2004
3AH Levy of land tax after 31 December 1999 and before 31 December 2004
(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.
(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—
(a) the owner is a company classified under section 29 of the Principal Act as a non-concessional company, or
(b) the land is subject to a special trust,
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.
(2A) (Repealed)
(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.
(4) (Repealed)
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].
3AI Levy of land tax after 31 December 2004 and before 31 December 2005
3AI Levy of land tax after 31 December 2004 and before 31 December 2005
3AI Levy of land tax after 31 December 2004 and before 31 December 2005
(1) Except as provided by subsection (2), in respect of the taxable value of all the land owned
This is an opening excerpt, not the complete document.