Australian investment property is taxed at two levels: federal (income tax, CGT, negative gearing) and state (land tax, stamp duty, vacancy taxes). The proposed 2027 negative-gearing restriction sits at the federal layer, but it changes how state land tax flows through your tax position. For NSW investors with an established residential property, the interaction is worth modelling explicitly.
NSW land tax in 30 seconds
Set by NSW Treasury under the Land Tax Act 1956 and updated annually. As at the 2025-26 valuation year:
- Threshold: ~$1,075,000 unimproved land value (general).
- Rate: $100 + 1.6% of the value above threshold, up to the premium threshold (~$6.57M); 2% above.
- Trust surcharge: 0.4% surcharge for trust holders (proposed to be aligned with general from 2027).
- Foreign-owner surcharge: 5% of land value.
Land tax is assessed at midnight on 31 December each year, on the aggregate unimproved value of all NSW land held by the owner (excluding principal residence).
How land tax interacts with rental income
Under current law, NSW land tax is deductible against rental income from the property - it's a normal s 8-1 outgoing for an investor running the property as an income-producing asset. That means:
- A $5,000 land tax bill reduces taxable rental income (and therefore the property's net result) by $5,000.
- If the property is negatively geared (interest + expenses + depreciation > rent), land tax adds to the loss and is offset against the investor's salary at their marginal rate.
- At a 39% effective marginal rate (top + Medicare), $5,000 of land tax reduces tax payable elsewhere by $1,950. The real after-tax cost of the land tax bill is $3,050.
What the 2027 reform changes
The proposed federal negative-gearing restriction on established residential property from 1 July 2027 quarantines net property losses - including the land-tax-driven portion - so they can no longer offset salary or non-property income.
For NSW investors specifically, this matters because NSW has among the highest land tax in Australia (higher than VIC for most price bands, lower than QLD's aggregate regime). On a $2M Sydney property with $1.4M unimproved land value:
| Position | Current law | Under reform |
|---|---|---|
| Annual land tax | ~$5,300 | ~$5,300 |
| Tax saving at 39% (offsets salary) | $2,067 | $0 |
| Net after-tax cost of land tax | $3,233 | $5,300 |
The $5,300 nominal land tax bill effectively becomes ~$2,000 more expensive in after-tax terms once the salary offset is gone. Across a 10-year hold, that's ~$20,000 of additional after-tax cost for the same property - on top of the salary offset lost on the property's broader net loss.
Trust holders: a second layer
Property held by a NSW discretionary trust currently attracts an additional 0.4% land tax surcharge on the full unimproved value, no threshold. On a $1.4M land value that's an extra $5,600/year of land tax on top of the general assessment.
Trust losses are already carried forward inside the trust, so the 2027 negative-gearing restriction is largely a no-op for trust holders. But the land tax cost itself doesn't change - and combined with the proposed 2028 trust minimum tax, the trust structure becomes more expensive on both axes.
The decision tree for NSW investors
- If you own established residential personally: land tax becomes effectively ~50% more expensive after 2027-28 because the offset disappears. Factor this into the sell-vs-hold calculation.
- If you hold via a trust: the land tax surcharge stays. Combined with the 2028 trust minimum tax, consider whether the structure still pays for itself.
- If you're buying: NSW land tax is progressive on land value. Two $1M properties cost less land tax than one $2M property (until threshold optimisation runs out). The aggregation matters more after 2027.
Caveats
Land tax thresholds and rates change annually. The 2025-26 values cited above are correct at time of writing (late 2026); verify with Revenue NSW for the assessment year you're modelling. The federal 2027 negative-gearing restriction is proposed and may change before legislation.
Byrz's engine models NSW (and other state) land tax across the full hold period when enabled, and shows the after-tax impact correctly under both regimes. See the sample report.