LAND TAX ACT 2005

Victorian Consolidated Legislation

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LAND TAX ACT 2005

No. 88 of 2005
Version incorporating amendments as at 20 August 2009

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

1. Purposes
2. Commencement
3. Definitions
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

7. General imposition of land tax
8. Who is liable for land tax?
9. When must land tax be paid?

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
17. Mortgagees in possession
18. Holders of beneficial interests

Division 3-What is the taxable value of land?

19. Taxable value of land
20. Repealed
21. Use of valuations
21A. Objection to land tax valuation does not affect previous assessments
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 5-Special land tax

29. Imposition of special land tax
30. What land is subject to special land tax?
31. Who is liable for special land tax?
32. When does a liability for special land tax arise?
33. When must special land tax be paid?
34. Deferral of special land tax in certain circumstances

PART 3-ASSESSMENT OF LAND TAX

Division 1-Rate of land tax

35. What is the rate of land tax?

Division 2-How is land tax assessed?

36. Land tax assessed on aggregated basis
37. Certain taxable land assessed separately
38. Assessment of joint owners of land
39. Joint assessments in the case of principal place of residence
land
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
44. Repealed
45. Certain long-term lessees of private land
46. Land tax on parts of land

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
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
46J. Trustee's right of reimbursement
46K. Requirements for trustees to notify Commissioner

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 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?
54. Principal place of residence exemption
55. Deferral of tax on certain residential land for 6 months
56. Temporary 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 residence
62. Partial exemption if land used for business activities
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
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 3-Sporting, recreational and cultural land

71. Land leased for sporting, recreational or cultural activities by members of the public
72. Sporting, recreational or cultural land owned by certain non-profit organisations
73. Concessional tax rate for club land

Division 4-Charities and health services

74. Charitable institutions and purposes
74A. Health centres and 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

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

Division 8-Exemptions from land tax on transmission easements

87. Governor in Council may exempt
88. Dispositions of transmission easements

PART 5-RELIEF FROM OR POSTPONEMENT OF LAND
TAX

Division 1-Preliminary

89. Definition
90. Arrangements for payment of tax

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

96. Land tax is a first charge on land
97. Registration of charge

Division 2-Recovery of land tax

98. Recovery from lessee, mortgagee or occupier

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

101. What is a tax avoidance scheme?
102. Anti-avoidance provision

PART 7-GENERAL

Division 1-Notices of acquisition and land tax certificates

103. Notice of acquisition of land
104. Notice of acquisition of transmission easement
105. Land tax certificates

Division 2-General

106. Stating case to Supreme Court
107. Regulations

PART 8-Repealed

108-115 Repealed

PART 9-FURTHER AMENDMENTS, REPEALS AND TRANSITIONAL PROVISIONS

116. Repeal of Land Tax Act 1958.
117. Repealed
118. Transitional provisions
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SCHEDULE 1-Land Tax Rates

PART 1-GENERAL RATES OF LAND TAX
1.1. Land tax for 2006.
1.2. Land tax for 2007.
1.3. Land tax for 2008.
1.4. Land tax for 2009 and subsequent years

PART 2-RATE OF LAND TAX ON TRANSMISSION EASEMENTS
2.1. Rate of land tax on transmission easements for 2007.
2.2. Rate of land tax on transmission easements for 2008.
2.3. Rate of land tax on transmission easements for 2009 and subsequent years

PART 3-SURCHARGE RATES OF LAND TAX FOR TRUSTS
3.1. Land tax for trusts for 2006.
3.2. Land tax for trusts for 2007.
3.3. Land tax for trusts for 2008.
3.4. Land tax for trusts for 2009 and subsequent years
SCHEDULE 2-Repealed
1-11. Repealed
SCHEDULE 3-Transitional Provisions
1. Definitions
2. Savings and transitional regulations
3. Application of Interpretation of Legislation Act 1984.
4. Continuation of old Act and regulations
5. Land tax capping for 2006.
5A. Land tax capping for 2007.
6. Application of this Act and old Act
7. Saving of exemption in respect of decentralised industries
8. Trusts
9. Amnesty for failing to lodge certain documents
10. Continuation of Orders
11. State Taxation and Gambling Legislation Amendment (Budget Measures) Act 2007-special land tax
12. State Taxation and Accident Compensation Acts
Amendment Act 2007.
13. Enactments applying to old Act
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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