Where a trust deed is amended to make the trust a NSW fixed trust for land tax purposes, is it possible to obtain a refund for the additional land tax paid in prior years?


The NSW OSR generally does not have any discretion to refund amounts for prior year assessments if the trust did not satisfy the fixed trust requirements at the point in time of the assessment. Therefore lodging submissions in relation to an amended trust deed usually only ensure concessional treatment in future year assessments.


The process for having a trust deed assessed as a fixed trust for land tax purposes primarily consists of lodging a copy of the amended deed with the NSW OSR for their review.


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