Land Tax

Sladen Snippet - Victorian Budget 2019/20 – Royal Assent is received

Sladen Snippet - Victorian Budget 2019/20 – Royal Assent is received

The State Taxation Acts Amendment Bill 2019 (Vic) has received royal assent on 18 June 2019. Following this, the measures outlined below will take effect from 19 June 2019

Sladen Snippet - Victorian Budget 2019/20 – Increase of foreign duty and land tax surcharges

Sladen Snippet - Victorian Budget 2019/20 – Increase of foreign duty and land tax surcharges

As set out in the recent controversial Victorian Budget, the State Taxation Acts Amendment Bill 2019 (Vic) contains amendments directly impacting any foreign persons or entities holding Victorian properties.

Sladen Snippet - Commissioner is under no duty to issue amended land tax assessments

Sladen Snippet - Commissioner is under no duty to issue amended land tax assessments

The High Court of Australia has recently allowed an appeal against a decision of the Victoria Court of Appeal and held that the Commissioner was not under a duty to issue amended assessments and refund an excess amount of land tax that has erroneously been paid by a taxpayer.

Sladen Snippet - super funds can now qualify for the primary production land tax exemption (s 67 Land Tax Act)

Sladen Snippet -  super funds can now qualify for the primary production land tax exemption (s 67 Land Tax Act)

In in an unheralded move, the Victorian government has extended the land tax exemption for primary production land in an urban zone (contained in section 67 of the Land Tax Act 2005) to include land owned by a trustee of a super fund of which all the members or beneficiaries are relatives and at least one of those members or beneficiaries is normally engaged in a substantially full-time capacity in the business of primary production of the type carried on on the land.

Sladen Snippet – Primary Production Land Tax exemption for property developers

Sladen Snippet – Primary Production Land Tax exemption for property developers

In a recent decision the New South Wales Supreme Court held that although the subject land had been purchased for future residential development, during the years relevant to the disputed Land Tax assessments, the dominant use of the land related to cattle-grazing operations under an agistment agreement. The taxpayer property developer was therefore eligible to apply the exemption applicable to land used in primary production in s 10AA(2) of the Land Tax Management Act 1956 (NSW).

Sladen Snippet - Changes to the Primary Production Exemption for Land Tax

Sladen Snippet - Changes to the Primary Production Exemption for Land Tax

The Victorian State Revenue Office has recently released General Information Bulletin GEN 2/14 in relation to recent duty and land tax changes that received Royal Assent on 17 June 2014. Of particular note is the change to the area defined as “Greater Melbourne” for the purposes of the Primary Land Tax Exemption.