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  • Who We Help
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      • How Can We Help?
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How Can We Help?

If you have any land tax issues, please contact us.

Typical issues include the following:

Valuation objections - There has been a substantial rise in my land valuation. What can I do?

You can object if you believe the land value is too high.

 

Note that the valuation is based on the unimproved land value, not the improved value as at a certain base date.

Certain conditions apply.

The objection must be filed within a particular period of time (60 days of the date of the valuation or assessment), and in a particular form.

An extension of time will only be granted in exceptional circumstances.

Re-assessment notices - I have just received a re-assessment for land tax. It goes back a number of years. Why was it issued and can I object?

Yes. A taxpayer has a right of objection.

 

Certain conditions apply.

The objection must be filed within a particular period of time (60 days of the date of the valuation or assessment), and in a particular form.

An extension of time will only be granted in exceptional circumstances.

Land Tax Audits - I have just received an audit letter from Revenue New South Wales (RNSW) in relation to payment of land tax. How do I respond?

An audit letter may have been issued by RNSW for a range of reasons. The best policy is to respond openly, truthfully and within the time period specified.

Heritage protected properties - My investment property is heritage protected. Am I entitled to any land tax allowances?

Yes, in certain circumstances.

There is a specific exemption for properties that are listed heritage properties and/or affected by listed heritage items.

Certain conditions apply.

Primary production activities - I run a primary production business on my farm. Can I claim an exemption from land tax?

Yes, in certain circumstances.

There is a specific exemption for primary production activity.

Only certain activities are exempt and strict conditions apply.

Boarding houses - I run a boarding house on my property. Can I claim an exemption from land tax?

Yes, in certain circumstances.

There is a specific exemption for this particular activity.

Certain conditions apply.

Low cost accommodation - My property is used for low cost accommodation. Can I claim an exemption from land tax?

Yes, in certain circumstances.

There is a specific exemption for this particular activity.

Certain conditions apply.

Residential and caravan parks - My property is used as a residential park. Can I claim an exemption from land tax?

Yes, in certain circumstances.

There is a specific exemption for this particular activity.

Certain conditions apply.

Boarding houses - I run a boarding house on my property. Can I claim an exemption from land tax?

Yes. You may be entitled to a full or partial exemption in certain circumstances.

There is a specific exemption for this particular activity.

Certain conditions apply.

Retirement Villages and aged care establishments - I run a retirement village on my property. Can I claim an exemption from land tax?

Yes, there is an exemption in certain circumstances.

There is a specific exemption for this particular activity.

Certain conditions apply.

Childcare centres - My property is used as a childcare centre. Can I claim an exemption from land tax?

Yes, in certain circumstances.

There is a specific exemption for this particular activity.

Certain conditions apply.

Non-profit organisation - Is land owned by a non-profit organisation eligible for exemption from land tax?

Yes, certain charities, educational institutions and religious organisations may apply for an exemption.

Certain conditions apply.

Mixed Use of the property - I live in part of my home and rent out another part. Am I entitled to a proportionate exemption?

Yes, in certain circumstances.

Certain conditions apply.

Home on two separate titles - My home is situated on two separate parcels of land that are next door to each other. Can I claim a land tax exemption over both of them?

Yes, in certain circumstances.

Certain conditions apply.

Improvements to the property - I have made very substantial improvements to the property. Should they be taken into account when determining the valuation of the land?

Some improvements should be taken into account.

There is a specific exemption for such improvements.

Certain conditions apply.

Overseas travel - I am going on an extended trip overseas. Will I need to pay land tax on my home while I am away? Concessional arrangements apply to deceased estates?

Yes, in certain circumstances.

Certain conditions apply.

Overseas Job - I have just accepted a job overseas. Will I have to pay land tax on my existing home while I’m overseas?

Yes, in certain circumstances.

There is a specific exemption for this particular activity.

Certain conditions apply.

New home - I have just bought a new home. Do I pay land tax on my old home when I move into my new one?

Yes, in certain circumstances.

There is a specific exemption for this particular activity.

Certain conditions apply.

Home Renovations - I am renovating my existing home. Do I pay land tax while I’m not living in it?

Yes, in certain circumstances.

There is a specific exemption for this particular activity.

Certain conditions apply.

Holiday homes - We have a holiday home up the coast that is used solely by the family and has never been rented out and. Is land tax payable on this holiday home as well?

Yes. A “family” (as defined in the legislation) may only claim one home as their principle place of residence. Land tax will be payable on the other home. It will be a matter of fact and circumstance as to which of the properties is taken to be the families’ principle place of residence for land tax purposes.

Defacto relationships - I am in a defacto relationship, how does this impact on the land tax exemption for my home?

Yes. A “family” (as defined in the legislation) may only claim one home as their principle place of residence. Land tax will be payable on the other partners’ home.

Certain conditions apply.

What constitutes a “family” is outlined in the legislation, as is the concept of a “defacto relationship”.

Aged Care - My parents are moving into an aged care facility - what are the land tax implications?

Yes, in certain circumstances.

There is a specific exemption for this particular activity.

Certain conditions apply.

Company ownership - I wish to buy a property in the name of a company, what are the implications?

There are land tax implications.

Some exemptions may not apply if the property is acquired in the name of a company.

You should obtain advice before proceeding with any purchase.

Trust ownership - I wish to buy a property in the name of a trust, what are the implications?

There are land tax implications.

Some exemptions may not apply if the property is acquired in the name of a trust.

You should obtain advice before proceeding with any purchase.

Foreign ownership - I am not an Australian citizen, and not ordinarily resident in Australia. What are the implications if I buy residential land in NSW?

There are land tax implications.

If you are deemed to be a “foreign resident” and acquire “residential land” as defined under the relevant laws, then an additional land tax surcharge may apply.

Certain other exemptions may not apply.

You should obtain advice before proceeding with any purchase.

Caveat on the title to my property - I have just received a notice in the mail that RNSW has just placed a caveat on the title to my property. Is RNSW entitled to do this?

RNSW has the power to file a caveat on the title to secure repayment of the outstanding land tax liability.

Sale of property - I am about to sell a property. Do I still have to pay all the land tax for the current year?

Yes. The land owner is liable for the land tax as assessed.

You may be able to recoup some of the land tax from the purchaser provided this is allowed under the sale contract.

Purchase of property - I have just bought an investment property. Do I need to notify RNSW?

Yes. The taxpayer has the obligation to notify RNSW of any acquisition, even if the taxpayer already owns land in NSW.

If there is more than one owner then each owner has an obligation to notify RNSW.

Penalties apply for non-disclosure.

Change in use of property - I intend to move into one of my investment properties and use it as my home. Do I need to notify RNSW?

Yes. The taxpayer has the obligation to notify RNSW of any change in use.

Penalties apply for non-disclosure.

Deceased Estates - My mother passed away a few years ago and my father passed away just recently. We intend to sell their home. Does the Estate have to pay land tax because no one is residing in the property?

There are specific allowances for deceased estates, to enable the property to be sold in an orderly fashion.

Property located outside NSW - I own property outside of NSW. Is this taken into account when determining land tax in NSW?

You do not pay NSW land tax on any properties located outside NSW.

You may however be liable for land tax in the State or territory in which the other land is located.
The fact that you own property somewhere else in the world may be taken into account when considering whether any land tax exemption applies.

Tax default - what penalties and interest applies for any tax default?

The rates of interest and penalty tax imposed will depend on the nature of the tax default.

The level of interest and penalty tax will match the culpability of the taxpayer. For taxpayers who exercise “reasonable care”, and voluntarily disclose their tax liability as soon as they become aware of it, they will have less interest and/or penalty imposed than those taxpayers who do not.

Interest charged has two components. The first is the market rate (as determined by RNSW). The second is the premium rate which is designed to deter non-compliance and to ensure that defaulting taxpayers are not advantaged when compared to other taxpayers who meet their tax obligations.

Penalty tax charged can be anywhere between 15% – 90% of the original assessment, depending on the circumstances.

Interest and penalty tax can be reduced or remitted in certain circumstances.

Payment arrangements - What if I cannot pay the land tax as and when it is due?

It is possible to negotiate appropriate payment arrangements with RNSW, depending on the circumstances.

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