Gig workers can be considered independent contractors or employees, or sometimes the platform operator is classed as an employment agent. It depends on the business structure and the workers’ employment relationship. Click the arrow to read the new ‘Gig economy businesses’ page.
It was previously identified that citizens of New Zealand, Finland, Germany, India, Japan, Norway, South Africa and Switzerland were not subject to surcharge duty or surcharge land tax due to international tax treaties.
Changes to federal legislation means that these citizens may now need to pay surcharge purchaser duty if they enter into an agreement to acquire residential property in NSW on or after 8 April 2024.
Surcharge land tax may also be payable on future land tax assessments for residential land they own in NSW.
We will be providing further information relating to the new legislation as it becomes available and encourage you to monitor the international tax treaties page for updates.
On this page
An explanation of the terms used in the applicable legislation and Revenue rulings.
substantial interests are held by an individual not ordinarily resident, a foreign corporation or a foreign government, or
aggregate substantial interests are held by two or more people that are not permanent residents who ordinarily reside in Australia, a foreign corporation or a foreign government.
substantial interests are held by a beneficiary who is an individual and is not ordinarily a resident of Australia, a foreign corporation or a foreign government
aggregate substantial interests are held by two or more individuals who are not ordinarily residents of Australia, a foreign corporation or a foreign government.
Beneficiaries are liable for proportionate interests where a trust is a fixed trust for land tax purposes. However, if the beneficiary defaults, the trustee is responsible to pay the surcharge.
Beneficiaries are not treated as owners for special trusts and do not have to pay the surcharge unless one or more beneficiaries are foreign persons. In that case the trustee is liable for surcharge land tax on their interest in the property.
The trustee of a discretionary trust is considered a foreign person if any beneficiary or potential beneficiary is an individual not ordinarily resident in Australia, a foreign corporation or a foreign government.
A person holds an interest in an entity if the person, alone or together with one or more associates:
controls a percentage of the voting power in the entity or
holds interests in the percentage of the issued securities in the entity or
would hold interests in the percentage of the issued securities in the entity if relevant options were exercised.
Interest in a trust is:
a beneficial interest in the income or property of the trust or
an interest in a unit in a unit trust.
For a discretionary trust, each beneficiary is taken to hold a beneficial interest in the maximum percentage of income or property that the trustee may distribute to that beneficiary.
A person holds a substantial interest in an entity or trust if:
for an entity: the person holds an interest of at least 20 per cent in the entity or
for a trust (including a unit trust): the person, together with any one or more associates, holds a beneficial interest of at least 20 per cent of the income or property of the trust.
Two or more persons hold an aggregate substantial interest in an entity or trust if:
for an entity: the persons hold an interest of at least 40 per cent in the entity; or
for a trust (including a unit trust): the persons, together with any one or more associates of any of them hold, in the aggregate, beneficial interests of at least 40 per cent of the income or property of the trust.
the parent, grandparent, brother, sister, uncle, aunt, nephew, niece, lineal descendent or adopted child of that person, or of that person’s spouse (and the spouse of any of these persons).
Where there are one or more dwellings on the land or a parcel of land on which there is a building under construction that, when completed, will constitute one or more dwellings.
Strata lot
If it is lawfully occupied as a separate dwelling, or suitable for lawful occupation as a separate dwelling
Utility lot
If its use is restricted to the owner or occupier of a strata lot.
Land use entitlement
If it entitles the holder of the land use entitlement to occupy a building, or part of a building, as a separate dwelling eg company title and residential flats.
Parcel of vacant land
Zoned or otherwise designated for use for residential or principally for residential purposes.
Residential land does not include land used for primary production that is exempt from land tax.
The surcharge applies if a building has both residential and commercial purposes. In this case, an apportionment factor is used to apportion the land value.