LAND TAX ACT 2005
Table of Provisions
PART 1--PRELIMINARY
- 1 Purposes
- 2 Commencement
- 3 Definitions
- 3A Absentee controlling interest
- 3B Exemptions from holding absentee controlling interests
- 3BA Exemption—land held on trust under absentee trusts
- 3BB Absentee exemption requirements
- 3C Delegation of exemption power
- 3D Meaning of chain of trusts
- 3E Meaning of ultimate trust
- 3F Partners taken to have beneficial interest in individual partnership property
- 3G Application of this Act to corporate collective investment vehicles
- 4 Transmission easement holders
- 5 Taxation Administration Act 1997
- 6 Act binds the Crown
PART 2--IMPOSITION OF LAND TAX
Division 1--Imposition of land tax
Division 2--Owners of land
- 10 Who is the owner of land?
- 11 Life tenants
- 12 Home units
- 13 Person in possession of land deemed owner despite disposition of it
- 14 Purchaser of land on credit or deferred payment
- 15 Purchaser of land under contract of sale
- 16 Vendors of land
- 16A Transfer of land for no consideration
- 17 Mortgagees in possession
- 18 Holders of beneficial interests
- 18A Managers of title-based time-sharing schemes
- 18B Owners of land under shared equity arrangements
Division 3--What is the taxable value of land?
- 19 Taxable value of land
- 21 Use of valuations
- 22 Taxable value of parts of land not separately valued
- 23 Taxable value of home units not valued separately
Division 4--Land tax on transmission easements
- 24 Imposition of land tax on transmission easements
- 25 Who is liable for land tax on transmission easements?
- 26 When must land tax be paid?
- 27 What is the taxable value of a transmission easement?
- 28 Agreements relating to the payment of tax
Division 6--Vacant residential land tax
- 34A Imposition of vacant residential land tax
- 34B What is residential land?
- 34C When is residential land vacant?
- 34D What is the specified geographic area?
- 34E Who is liable for vacant residential land tax?
- 34F When must vacant residential land tax be paid?
- 34G Owner of land subject to vacant residential land tax must notify Commissioner
Division 7--BTR special land tax
- 34H Imposition of BTR special land tax
- 34I Who is liable for BTR special land tax?
- 34J When must BTR special land tax be paid?
- 34K Division applies to land despite change in legal description
PART 3--ASSESSMENT OF LAND TAX
Division 1--Rate of land tax
Division 2--How is land tax assessed?
- 36 Land tax assessed on aggregated basis
- 37 Certain taxable land assessed separately
- 37A Certain taxable land assessed separately—vacant residential land tax
- 38 Assessment of joint owners of land
- 38A Assessment of joint owners—vacant residential land tax
- 39 Joint assessments in the case of principal place of residence land
- 39A Joint assessments for unoccupied land subsequently used as principal place of residence
- 39B Joint assessments for unoccupied land subsequently used as principal place of residence—residence requirement completed by some but not all
- 40 Assessment of joint occupiers of land
- 41 Assessment of joint transmission easement holders
- 42 Assessment of owner of land on which there are home units
- 43 Mortgagees in possession of land
- 45 Certain long-term lessees of private land
- 46 Land tax on parts of land
- 46AA Title-based time-sharing schemes
Division 2A--Land held on trust
- 46A General land tax surcharge for trusts
- 46B Land tax for fixed trust if beneficial interests notified to Commissioner
- 46C Land tax for unit trust scheme if unitholdings notified to Commissioner
- 46D Land tax for beneficiary/trustees
- 46E Land tax for excluded trusts and administration trusts
- 46F Nomination of beneficiary of pre-2006 discretionary trust for land tax purposes
- 46G Land tax for discretionary trust with nominated beneficiary
- 46H Nomination of PPR beneficiary of unit trust scheme or discretionary trust for land tax purposes
- 46I Land tax for PPR land if nominated PPR beneficiary
Division 2AB--Land held on trust under absentee trusts
- 46IAA Absentee proportion of interests in land subject to a trust in a chain of trusts
- 46IA Land tax surcharge for absentee trusts
- 46IB Land tax for absentee fixed trust if beneficial interests notified to Commissioner
- 46IC Land tax for absentee unit trust scheme if unitholdings notified to Commissioner
- 46ID Land tax for beneficiary/trustees
- 46IE Land tax for absentee discretionary trust with nominated beneficiary
- 46IF Land tax for PPR land if nominated PPR beneficiary
Division 2AC--Miscellaneous trust land provisions
Division 2B--Land held on implied or constructive trust
- 46L Land held on implied or constructive trust
- 46M Trustee's right to reimbursement under implied trust or constructive trust
Division 3--Grouping of related corporations
- 47 What are related corporations?
- 48 What is a controlling interest in a corporation?
- 49 Further provisions for determining whether corporations are related corporations
- 50 Grouping of related corporations
Division 3A--Land held by related absentee corporations
- 50A Land tax surcharge for related absentee corporations
Division 3B--BTR special land tax
- 50B BTR special land tax—owner of land
- 50C Division applies to land despite change in legal description
Division 4--General
- 51 Reassessments
PART 4--EXEMPTIONS AND CONCESSIONS
Division 1--Principal place of residence
- 52 Definitions
- 53 What is a principal place of residence?
- 53A What is a right to reside?
- 53B Who is a person with a disability (qualifying)?
- 54 Principal place of residence exemption
- 55 Deferral of tax on certain residential land for 6 months
- 55A Deferral of tax for residential land to be used during tax year
- 56 Absence from principal place of residence
- 57 Exemption continues on death of resident
- 58 Exemption continues if land becomes unfit for occupation
- 59 Purchase of new principal residence
- 60 Sale of old principal residence
- 61 Unoccupied land subsequently used as principal place of residence
- 61A Nomination of works start date
- 61B Notice of completion
- 61C Notice of failure to complete construction or renovation in time
- 61D Notice of qualifying person not starting period of residence in time
- 61E Notice of qualifying person not completing period of residence in time
- 61F Notice of change of ownership
- 61G Revocations of exemption under section 61
- 61H Subdivision applies to land despite change in legal description
- 61I Commissioner has discretion to extend exemption period
- 62 Partial exemption if land used for business activities
- 62A Partial exemption if separate residence used to provide accommodation
- 63 Partial exemption or refund for trustees
Division 2--Primary production land
- 64 Definitions
- 65 Exemption of primary production land outside greater Melbourne
- 66 Exemption of primary production land in greater Melbourne but not in an urban zone
- 67 Exemption of primary production land in an urban zone in greater Melbourne
- 67A Requirements for non-trustee natural person
- 67B Requirements for non-trustee proprietary company
- 67C Requirements for trustee of superannuation trust
- 67D Requirements for trustee of discretionary trust
- 67E Requirements for trustee of a trust (other than a discretionary trust or superannuation trust) or unit trust scheme
- 67F Joint ownership of parcel of land referred to in section 67(1)(a)
- 68 Exemption of land being prepared for use for primary production
- 69 Application for exemption under section 66, 67 or 68
- 70 Parcels of land
Division 2A--Build to rent developments
- 70A What is a BTR development?
- 70B What is an eligible BTR development?
- 70C When is a BTR dwelling owned collectively?
- 70D What is a single management entity?
- 70E When is a dwelling suitable for occupancy?
- 70F What are the required rental terms?
- 70G Expansion of eligible BTR development
- 70H Application for BTR benefits
- 70I Eligibility for BTR benefits
- 70J BTR benefit—land tax concession
- 70K BTR benefit—exemption from absentee owner land tax surcharge for eligible land
- 70L Apportionment between eligible and non-eligible land
- 70M BTR benefits granted in anticipation of compliance
- 70N Notification requirement if land ceases to be eligible for BTR benefits
- 70O Division applies to land despite change in legal description
Division 3--Sporting, recreational and cultural land
- 72 Sporting, recreational or cultural land owned by certain non‑profit organisations
- 73 Land owned and occupied by racing clubs
- 73A Land owned and occupied by non-racing clubs
- 73B Gender-exclusive and gender-restrictive clubs
Division 4--Charities and health services
Division 5--Accommodation
- 75 Rooming houses
- 76 Residential care facilities and supported residential services
- 76A Residential services for people with disabilities
- 77 Caravan parks
- 78 Retirement villages
- 78A Exemption of land under construction for certain exempt uses
Division 6--Public, government and municipal land
- 79 Crown land
- 80 Public statutory authorities
- 81 Municipal and public land
- 82 Application of Division 6
Division 7--General exemptions
- 83 Armed services personnel
- 84 Friendly societies
- 85 Land used for agricultural shows or farm field machinery days
- 86 Mines
- 86A Land subject to a conservation covenant
Division 8--Exemptions from land tax on transmission easements
- 87 Governor in Council may exempt
- 88 Dispositions of transmission easements
Division 9--Exemptions from vacant residential land tax
- 88A Holiday home exemption
- 88B Exemption for land occupied for purposes of attending place of business or employment
- 88C Residential land transferred during year preceding tax year
- 88D Land becomes residential land during year preceding tax year
- 88E Land becomes residential land during second year preceding tax year and has not been used or occupied or changed ownership
Division 1--Preliminary
Division 2--Relief
- 91 Taxpayer may apply for relief
- 92 Relief granted by the Commissioner
- 93 Relief granted by the Board
- 94 Reconsideration of postponed land tax
Division 3--Land Tax Hardship Relief Board
- 95 Establishment and procedure
PART 6--SECURITY, RECOVERY AND ENFORCEMENT
Division 1--Security for land tax
Division 2--Recovery of land tax
Division 3--Prohibition on passing on land tax
- 99 Prohibition on passing on land tax
- 100 Prohibition on passing on land tax on transmission easements
Division 4--Tax avoidance schemes
PART 7--GENERAL
Division 1--Notices and certificates
- 103 Notice of acquisition of land
- 104 Notice of acquisition of transmission easement
- 104A Notice of errors in notice of assessment of land tax
- 104B Notification of absentee owner status
Division 2--General
PART 9--FURTHER AMENDMENTS, REPEALS AND TRANSITIONAL PROVISIONS
- 116 Repeal of Land Tax Act 1958
- 118 Transitional provisions