Russell Kelly & Associates · Norwest NSW
Purchaser’s Declaration
Purchaser/Transferee Declaration for NSW Property
When acquiring property or an interest in land in New South Wales, purchasers and transferees are generally required to complete a Purchaser/Transferee Declaration for Revenue NSW.
The declaration provides information required for the assessment of the transaction, including information about the purchaser or transferee and their foreign-person status.
Who Needs to Complete a Purchaser/Transferee Declaration?
A declaration is generally required from each purchaser or transferee buying or acquiring property in NSW.
If there is more than one purchaser or transferee, each purchaser or transferee must complete their own declaration.
Different forms apply depending upon whether the purchaser or transferee is an individual or a non-individual entity.
Individuals
An individual purchaser or transferee generally completes the Revenue NSW Purchaser/Transferee Declaration for Individuals.
The declaration requires information about the purchaser and assists Revenue NSW in determining matters including identity, citizenship, residency and foreign-person status.
Supporting evidence may also be required depending upon the circumstances.
Companies and Other Non-Individual Purchasers
A separate Purchaser/Transferee Declaration applies to non-individual purchasers and transferees, including corporations.
Additional information may be required about the entity and the persons or interests relevant to determining its status for NSW duty purposes.
Where property is being acquired through a company or trust structure, the applicable duty and foreign-person rules should be considered before the transaction is entered into.
Foreign-Person Status
One important purpose of the declaration is to assist Revenue NSW in determining whether a purchaser or transferee is a foreign person for NSW property tax purposes.
Foreign-person status can be relevant to surcharge purchaser duty when residential-related property is acquired in NSW.
Individuals, corporations and trustees of trusts can potentially be classified as foreign persons under the applicable rules.
Surcharge Purchaser Duty
A foreign person acquiring residential-related property in NSW may be required to pay surcharge purchaser duty in addition to ordinary transfer duty.
For relevant transactions entered into on or after 1 January 2025, the surcharge purchaser duty rate is 9% of the dutiable value of the residential-related property.
Exemptions or concessions may apply in particular circumstances.
Learn more about Foreign Persons Duty and Land Tax Surcharge.
Proof of Identity, Citizenship and Residency
Revenue NSW may require supporting documentation to establish the identity, citizenship and residency status of a purchaser or transferee.
The documents required depend upon the purchaser and the circumstances of the transaction.
Where a purchaser declares that they are not a foreign person, appropriate evidence may be required to support that status.
Purchaser’s Declaration and Transfer Duty
The Purchaser/Transferee Declaration forms part of the documentation used in connection with the assessment of NSW transfer duty.
The amount of transfer duty payable depends upon the transaction, dutiable value and any applicable exemption, concession or surcharge.
Learn more about NSW Transfer Duty.
For current forms, evidence requirements and guidance, see Revenue NSW transfer duty information.
Purchaser’s Declaration and Conveyancing
For a property purchase, the declaration is one of a number of documents and requirements that may need to be dealt with before settlement.
Russell Kelly & Associates can assist purchasers with the conveyancing process and the documentation required for their property transaction.
Learn more about our Property Law and Conveyancing services.
Speak to Russell Kelly & Associates
If you are purchasing or acquiring property in NSW, we can advise you about the Purchaser/Transferee Declaration and other conveyancing requirements relevant to your transaction.
This information is general in nature. Duty, foreign-person status and documentation requirements depend upon the circumstances of the particular transaction.