Landholder duty

The landholder provisions are a complex area of state taxes and are increasingly becoming a compliance of focus for revenue authorities. Our State Taxes Team have expert knowledge in this area and provide comprehensive advice in this area to help you and your business manage these obligations.

The landholder regime was introduced as an anti-avoidance measure on acquisitions made in companies or unit trusts which hold lands in the particular jurisdiction. Generally, in order to fall within the regime an entity must have land holdings with an unencumbered value above a certain value as set out in each state and territory’s legislation.

Our State Taxes Team regularly provide updated industry thoughts here and have published a Landholder Series which includes the following topics:

• Part 1 – The “Basics”

• Part 2 – Indirect and Constructive Landholdings

• Part 3 – The Aggregation Rules

• Part 4 – Aggregation and the Double Counting “Trap”

• Part 5 – Acquisitions of Economic Entitlement

• Part 6 – Acquisition by Control and Anti-avoidance

• Part 7 – Exemptions

We have a comprehensive knowledge of the landholder regime and can help your business to identify, mitigate and manage these liabilities and can help you:

• by providing holistic federal and state tax planning and consulting tax and restructuring advice;

• apply for rulings on the landholder provisions;

• apply for landholder duty exemptions, such as corporate reconstruction exemptions; and

• manage investigations, objections and disputes with revenue authorities.