Foreign Surcharge Exemption for Foreign Developers (NSW)

As you may be aware there are new stamp duty surcharges on ‘foreign persons’ who purchase land in NSW. There are also surcharges for land tax on land held by ‘foreign persons’.

However there are some concessions for ‘foreign persons who are developing new property for sale.

See –

  • Duty concession: section 104ZJA Duties Act 1997 (NSW)
  • Land Tax concession: section 5C Land Tax Act 1956 (NSW)

For more details see:

Revenue Ruling No. G 013  Exemption from Surcharge for New Home Development by Australian Based Developers that are Foreign Persons


Written by Terry Waugh, solicitor at