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The Professionals Choice
Providing tax, superannuation and trust education and precedent products
MGS Private · State Tax Services

NSW Land Tax

NSW land tax applies to landholdings above the threshold — and trusts holding property are subject to a surcharge rate that significantly exceeds what individuals would pay. MGS Private advises on strategies to eliminate or substantially reduce this ongoing burden.

The Special Trust Problem

Why land tax in trusts
is so costly in NSW


Under the Land Tax Management Act 1956 (NSW), land held by a “special trust” — which includes most discretionary trusts — is taxed at a flat 1.6% rate on every dollar of land value, with no threshold deduction. For individuals, land tax is nil below the general threshold and graduated above it.

On a property with a $1,500,000 land value, a discretionary trust pays approximately $24,000 per year in NSW land tax — compared with approximately $6,900 if owned individually. That difference of $17,100 per year compounds every year the property is held.

The solution is converting the structure holding the property to one that qualifies as a “fixed trust” under the NSW Land Tax legislation — which is then taxed on the threshold basis equivalent to individual ownership. MGS Private has developed three strategies depending on the property situation.

2026 NSW Rates at a Glance
1.6%
Special trust rate — no threshold
$1.075M
General threshold (individual / fixed trust)
$6.571M
Premium threshold — 2% rate above
5% / 9%
Foreign-person surcharges — land tax / purchaser duty (residential)

Three Land Tax Strategies

Each suited to a different property situation

Strategy 1 — Investment Property
Convert the discretionary trust to a fixed unit trust. The MGS NSW Land Tax Unit Trust has Revenue NSW approval as a fixed trust — qualifying for the threshold deduction from the date of conversion. Annual saving up to $17,200. Learn more →
Strategy 2 — Family Home
Transfer the family home from a trust to individual names. Restores the principal place of residence exemption (eliminating land tax entirely on the home). Specific advice required on duty and CGT consequences. Learn more →
Strategy 3 — Corporate Consolidation
Move the property into a company via the NSW 90% reconstruction concession. A company holding land is taxed on the threshold basis. The one-off duty cost is typically recovered within 1–2 years of annual land tax savings. Learn more →
Land Tax Audits & Objections
Revenue NSW issues annual land tax assessments and conducts targeted audits of trust structures, PPR exemption claims and land ownership changes. MGS Private prepares objections and manages NCAT proceedings. Learn more →

Paying NSW special trust land tax?

MGS Private can assess the optimal strategy for each property situation and calculate the annual saving.

Still have questions?
Feel Free to Get in Touch With us
You can find us here:
Level 7, 77 Castlereagh St, Sydney, 2000
Postal Address: GPO Box 512
Sydney, NSW 2001, Australia
Phone: (02) 9231 5111
Email: contact@macquariegs.com.au
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