Land Tax Act 2005 (Vic)

Version No. 083

Land Tax Act 2005

No. 88 of 2005

Version incorporating amendments as at

1 July 2025

TABLE OF PROVISIONS

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

3Definitions

3AAbsentee controlling interest

3BExemptions from holding absentee controlling interests

3BAExemption—land held on trust under absentee trusts

3BBAbsentee exemption requirements

3CDelegation of exemption power

3DMeaning of chain of trusts

3EMeaning of ultimate trust

3FPartners taken to have beneficial interest in individual partnership property

3GApplication of this Act to corporate collective investment vehicles

4Transmission easement holders

5Taxation Administration Act 1997

6Act binds the Crown

Part 2—Imposition of land tax

Division 1—Imposition of land tax

7General imposition of land tax

8Who is liable for land tax?

9When must land tax be paid?

Division 2—Owners of land

10Who is the owner of land?

11Life tenants

12Home units

13Person in possession of land deemed owner despite disposition of it

14Purchaser of land on credit or deferred payment

15Purchaser of land under contract of sale

16Vendors of land

16ATransfer of land for no consideration

17Mortgagees in possession

18Holders of beneficial interests

18AManagers of title-based time-sharing schemes

18BOwners of land under shared equity arrangements

18COwners of land under a Help to Buy arrangement

Division 3—What is the taxable value of land?

19Taxable value of land

21Use of valuations

22Taxable value of parts of land not separately valued

23Taxable value of home units not valued separately

Division 4—Land tax on transmission easements

24Imposition of land tax on transmission easements

25Who is liable for land tax on transmission easements?

26When must land tax be paid?

27What is the taxable value of a transmission easement?

28Agreements relating to the payment of tax

Division 6—Vacant residential land tax

34AImposition of vacant residential land tax

34BWhat is residential land?

34CWhen is residential land vacant?

34EWho is liable for vacant residential land tax?

34FWhen must vacant residential land tax be paid?

34GOwner of land subject to vacant residential land tax must notify Commissioner

Division 7—BTR special land tax

34HImposition of BTR special land tax

34IWho is liable for BTR special land tax?

34JWhen must BTR special land tax be paid?

34KDivision applies to land despite change in legal description

Part 3—Assessment of land tax

Division 1—Rate of land tax

35What is the rate of land tax?

Division 2—How is land tax assessed?

36Land tax assessed on aggregated basis

37Certain taxable land assessed separately

37ACertain taxable land assessed separately—vacant residential land tax

38Assessment of joint owners of land

38AAssessment of joint owners—vacant residential land tax

39Joint assessments in the case of principal place of residence land

39AJoint assessments for unoccupied land subsequently used as principal place of residence

39BJoint assessments for unoccupied land subsequently used as principal place of residence—residence requirement completed by some but not all

40Assessment of joint occupiers of land

41Assessment of joint transmission easement holders

42Assessment of owner of land on which there are home units

43Mortgagees in possession of land

45Certain long-term lessees of private land

46Land tax on parts of land

46AATitle-based time-sharing schemes

Division 2A—Land held on trust

46AGeneral land tax surcharge for trusts

46BLand tax for fixed trust if beneficial interests notified to Commissioner

46CLand tax for unit trust scheme if unitholdings notified to Commissioner

46DLand tax for beneficiary/trustees

46ELand tax for excluded trusts and administration trusts

46FNomination of beneficiary of pre-2006 discretionary trust for land tax purposes

46GLand tax for discretionary trust with nominated beneficiary

46HNomination of PPR beneficiary of unit trust scheme or discretionary trust for land tax purposes

46ILand tax for PPR land if nominated PPR beneficiary

Division 2AB—Land held on trust under absentee trusts

46IAAAbsentee proportion of interests in land subject to a trust in a chain of trusts

46IALand tax surcharge for absentee trusts

46IBLand tax for absentee fixed trust if beneficial interests notified to Commissioner

46ICLand tax for absentee unit trust scheme if unitholdings notified to Commissioner

46IDLand tax for beneficiary/trustees

46IELand tax for absentee discretionary trust with nominated beneficiary

46IFLand tax for PPR land if nominated PPR beneficiary

Division 2AC—Miscellaneous trust land provisions

46JTrustee's right of reimbursement

46KRequirements for trustees to notify Commissioner

Division 2B—Land held on implied or constructive trust

46LLand held on implied or constructive trust

46MTrustee's right to reimbursement under implied trust or constructive trust

Division 3—Grouping of related corporations

47What are related corporations?

48What is a controlling interest in a corporation?

49Further provisions for determining whether corporations are related corporations

50Grouping of related corporations

Division 3A—Land held by related absentee corporations

50ALand tax surcharge for related absentee corporations

Division 3B—BTR special land tax

50BBTR special land tax—owner of land

50CDivision applies to land despite change in legal description

Division 4—General

51Reassessments

Part 4—Exemptions and concessions

Division 1—Principal place of residence

Subdivision 1—Interpretation

52Definitions

53What is a principal place of residence?

53AWhat is a right to reside?

53BWho is a person with a disability (qualifying)?

Subdivision 2—Principal place of residence exemption

54Principal place of residence exemption

55Deferral of tax on certain residential land for 6 months

55ADeferral of tax for residential land to be used during tax year

Subdivision 3—Absence, death and land unfit for occupation

56Absence from principal place of residence

57Exemption continues on death of resident

58Exemption continues if land becomes unfit for occupation

Subdivision 4—Purchase and sale of principal place of residence

59Purchase of new principal residence

60Sale of old principal residence

Subdivision 5—Construction and renovation of principal place of residence

61Unoccupied land subsequently used as principal place of residence

61ANomination of works start date

61BNotice of completion

61CNotice of failure to complete construction or renovation in time

61DNotice of qualifying person not starting period of residence in time

61ENotice of qualifying person not completing period of residence in time

61FNotice of change of ownership

61GRevocations of exemption under section 61

61HSubdivision applies to land despite change in legal description

61ICommissioner has discretion to extend exemption period

Subdivision 6—Partial exemptions

62Partial exemption if land used for business activities

62APartial exemption if separate residence used to provide accommodation

63Partial exemption or refund for trustees

Division 2—Primary production land

Subdivision 1—Interpretation

64Definitions

Subdivision 2—Primary production land outside greater Melbourne

65Exemption of primary production land outside greater Melbourne

Subdivision 3—Primary production land in greater Melbourne but not in an urban zone

66Exemption of primary production land in greater Melbourne but not in an urban zone

Subdivision 4—Primary production land in an urban zone in greater Melbourne

67Exemption of primary production land in an urban zone in greater Melbourne

67ARequirements for non-trustee natural person

67BRequirements for non-trustee proprietary company

67CRequirements for trustee of superannuation trust

67DRequirements for trustee of discretionary trust

67ERequirements for trustee of a trust (other than a discretionary trust or superannuation trust) or unit trust scheme

67FJoint ownership of parcel of land referred to in section 67(1)(a)

Subdivision 5—Land being prepared for use for primary production

68Exemption of land being prepared for use for primary production

Subdivision 6—General

69Application for exemption under section 66, 67 or 68

70Parcels of land

Division 2A—Build to rent developments

70AWhat is a BTR development?

70BWhat is an eligible BTR development?

70CWhen is a BTR dwelling owned collectively?

70DWhat is a single management entity?

70EWhen is a dwelling suitable for occupancy?

70FWhat are the required rental terms?

70GExpansion of eligible BTR development

70HApplication for BTR benefits

70IEligibility for BTR benefits

70JBTR benefit—land tax concession

70KBTR benefit—exemption from absentee owner land tax surcharge for eligible land

70LApportionment between eligible and non-eligible land

70MBTR benefits granted in anticipation of compliance

70NNotification requirement if land ceases to be eligible for BTR benefits

70NACommissioner may determine that land is eligible for BTR benefits in certain circumstances

70ODivision applies to land despite change in legal description

Division 3—Sporting, recreational and cultural land

72Sporting, recreational or cultural land owned by certain non‑profit organisations

73Land owned and occupied by racing clubs

73ALand owned and occupied by non-racing clubs

73BGender-exclusive and gender-restrictive clubs

Division 4—Charities and health services

74Charitable institutions and purposes

74AHealth centres and services

Division 5—Accommodation

75Rooming houses

76Residential care facilities and supported residential services

76AResidential services for people with disabilities

77Caravan parks

78Retirement villages

78AExemption of land under construction for certain exempt uses

78BSocial housing

78CEmergency housing

Division 6—Public, government and municipal land

78DHousing provided for the relief of poverty

79Crown land

80Public statutory authorities

81Municipal and public land

82Application of Division 6

Division 7—General exemptions

83Armed services personnel

84Friendly societies

85Land used for agricultural shows or farm field machinery days

86Mines

86ALand subject to a conservation covenant

Division 8—Exemptions from land tax on transmission easements

87Governor in Council may exempt

88Dispositions of transmission easements

Division 9—Exemptions from vacant residential land tax

88AHoliday home exemption

88ABExemption continues on death of certain persons

88BExemption for land occupied for purposes of attending place of business or employment

88CResidential land transferred during year preceding tax year

88DLand becomes residential land during year preceding tax year

88ELand becomes residential land during second year preceding tax year and has not been used or occupied or changed ownership

88EALand becomes residential land during third year preceding tax year and has not been used or occupied or changed ownership

88EBResidential land that has not been used or occupied or changed ownership for more than 3 years

88ECPublication of report on exemptions and concession

Part 5—Relief from or postponement of land tax

Division 1—Preliminary

89Definition

90Arrangements for payment of tax

Division 2—Relief

91Taxpayer may apply for relief

92Relief granted by the Commissioner

93Relief granted by the Board

94Reconsideration of postponed land tax

Division 3—Land Tax Hardship Relief Board

95Establishment and procedure

Part 6—Security, recovery and enforcement

Division 1—Security for land tax

96Land tax is a first charge on land

97Registration of charge

Division 2—Recovery of land tax

98Recovery from lessee, mortgagee or occupier

Division 3—Prohibition on passing on land tax

99Prohibition on passing on land tax

100Prohibition on passing on land tax on transmission easements

Division 4—Tax avoidance schemes

101What is a tax avoidance scheme?

102Anti-avoidance provision

Part 7—General

Division 1—Notices and certificates

103Notice of acquisition of land

104Notice of acquisition of transmission easement

104ANotice of errors in notice of assessment of land tax

104BNotification of absentee owner status

Division 2—General

106Stating case to Supreme Court

106AImposition of absentee owner land tax surcharge

107Regulations

Part 9—Further amendments, repeals and transitional provisions

116Repeal of Land Tax Act 1958

118Transitional provisions

119Repeal of sections on 1 January 2034

Schedules

Schedule 1—Land tax rates

Schedule 1A—Examples of absentee proportion

Schedule 2—Greater Melbourne

Schedule 3—Transitional provisions

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 083

Land Tax Act 2005

No. 88 of 2005

Version incorporating amendments as at

1 July 2025

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1Purposes

The purposes of this Act are—

(a)to re-enact and modernise the law relating to land tax;

(b)to repeal the Land Tax Act 1958;

(c)to amend the Taxation Administration Act 1997 so that it will apply to the administration and enforcement of land tax;

(d)to make consequential amendments to other Acts.

2Commencement

This Act comes into operation on 1 January 2006.

3Definitions

(1)In this Act—

absentee beneficiary means—

(a)a natural person absentee who or an absentee corporation that (not acting in the capacity of a trustee of a trust)—

(i)has a beneficial interest in land subject to a fixed trust; or

(ii)is a unitholder in a unit trust scheme; or

(iii)is a specified beneficiary of a discretionary trust; or

(b)any person who—

(i)has a beneficial interest in land subject to a fixed trust and holds that interest as a trustee of an absentee trust; or

(ii)is a unitholder in a unit trust scheme and holds unitholdings in that unit trust scheme as a trustee of an absentee trust; or

(iii)is a specified beneficiary of a discretionary trust in the capacity as a trustee of an absentee trust;

absentee controlling interest has the meaning given in section 3A;

absentee corporation means—

(a)a corporation that is incorporated outside Australia; or

(b)a corporation in which an absentee person has an absentee controlling interest;

absentee owner means an absentee person who is an owner of land;

absentee owner land tax surcharge means the surcharge rate of land tax for absentee owners;

absentee person means—

(a)a natural person absentee; or

(b)an absentee corporation; or

(c)a trustee of an absentee trust;

absentee trust means a trust under which at least one absentee beneficiary—

(a)has a beneficial interest in land subject to a fixed trust; or

(b)is a unitholder in a unit trust scheme; or

(c)is a specified beneficiary of a discretionary trust;

administration trust means a trust under which the assets of a deceased person are held by a personal representative, but only during the period ending on the earlier of—

(a)the completion of administration of the deceased estate; or

(b)the third anniversary of the death of the deceased person or the further period approved by the Commissioner under subsection (3);

affordable housing has the same meaning as in section 3AA of the Planning and Environment Act 1987;

alpine resort has the same meaning as in the Alpine Resorts Act 1983;

*                *                *                *                *

approved means approved by the Commissioner;

assets, in relation to a sub-fund of a CCIV, has the meaning given by section 1233H of the Corporations Act;

associated person has the same meaning as in the Duties Act 2000;

ASX means ASX Limited (A.C.N. 008 624 691);

Australian citizen or resident means—

(a)an Australian citizen within the meaning of the Australian Citizenship Act 2007 of the Commonwealth; or

(b)the holder of a permanent visa within the meaning of section 30(1) of the Migration Act 1958 of the Commonwealth; or

(c)a New Zealand citizen who is the holder of a special category visa within the meaning of section 32(1) of the Migration Act 1958 of the Commonwealth;

beneficiary of a discretionary trust, means (except in Division 2 of Part 4) a person, or a member of a class of persons, in whom, by the terms of the trust, the whole or any part of the trust property may be vested—

(a)in the event of the exercise of a power or discretion in favour of the person (whether or not that power is presently exercisable); or

(b)in the event that a discretion conferred under the trust is not exercised;

BTR benefit means any of the following—

(a)a concession from land tax under section 70J;

(b)an exemption from the absentee owner land tax surcharge under section 70K;

BTR development has the meaning given in section 70A;

BTR special land tax means land tax imposed under Division 7 of Part 2;

capital improved value has the same meaning as in the Valuation of Land Act 1960;

chain of trusts has the meaning given in section 3D;

child maintenance land means land held on trust that was transferred to the trustee for the benefit of a beneficiary as the result of a family breakdown within the meaning of section 102AGA of the Income Tax Assessment Act 1936 of the Commonwealth;

commercial residential premises has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;

common area has the same meaning as given in paragraph (a) of the definition of common area in section 3(1) of the Residential Tenancies Act 1997;

Commonwealth Superannuation Act means the Superannuation Industry (Supervision) Act 1993 of the Commonwealth;

concessional trust means—

(a)a trust of which each beneficiary is—

(i)a person in respect of whom a guardianship order or an administration order is in force under the Guardianship and Administration Act 2019; or

(ii)a person with a disability within the meaning of the Disability Act 2006; or

(b)a trust created under an order of the Supreme Court for the benefit of a person under disability;

controlling interest has the meaning given in section 48;

corporate collective investment vehicle or CCIV has the same meaning as in the Corporations Act;

corporation has the same meaning as in section 9 of the Corporations Act;

Council has the same meaning as in the Local Government Act 2020;

discretionary trust means a trust under which the vesting of the whole or any part of the trust property—

(a)is required to be determined by a person either in respect of the identity of the beneficiaries or the quantum of interest to be taken, or both; or

(b)will occur in the event that a discretion conferred under the trust is not exercised—

but does not include an excluded trust or unit trust scheme;

domestic partner of a person means—

(a)a person who is in a registered domestic relationship with the person; or

(b)a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender);

electronic instrument means a registry instrument that is prepared in an electronic form to be lodged electronically for the purposes of land titles legislation by means of an ELN;

eligible BTR development has the meaning given in section 70B;

ELN means ELN within the meaning of the Electronic Conveyancing National Law (Victoria);

equivalent exchange has the same meaning as in the Duties Act 2000;

excluded trust means—

(a)a charitable trust;

(b)a concessional trust;

(c)a public unit trust scheme;

(d)a wholesale unit trust scheme;

(da)a trust the sole beneficiary or beneficiaries of which is or are—

(i)a non-profit organisation referred to in section 72; or

(ii)the members of such an organisation;

(e)a trust the sole beneficiary or beneficiaries of which is or are—

(i)a club referred to in section 73 or 73A; or

(ii)the members of such a club;

*                *                *                *                *

(g)a trust, for any tax year in relation to which it is a superannuation trust;

exempt land means land that is declared by or under this Act to be exempt land;

exempt transmission easement means a transmission easement that is exempt from land tax under section 87(1)(b);

exempt transmission easement holder means a transmission easement holder who is exempt from land tax on the easement under section 87(1)(a);

fifteen year eligibility requirement means the eligibility requirement specified in section 70B(2);

fixed trust means a trust that is not an excluded trust, a discretionary trust or a trust to which a unit trust scheme relates;

general valuation has the same meaning as in the Valuation of Land Act 1960;

home unit means a building or part of a building that—

(a)is designed for use as a self-contained unit for living purposes; and

(b)is situated on land owned—

(i)by 2 or more persons as tenants in common, each of whom is the registered proprietor under the Transfer of Land Act 1958 of one or more undivided shares in the whole of the land and is lawfully entitled, by virtue of an agreement between the person or the person's predecessor in title and all other owners of undivided shares in the land or their predecessors in title, to the exclusive right to occupy a specified building or part of a building on the land; or

(ii)by a body corporate in which all issued shares are owned by 2 or more persons, each of whom is lawfully entitled, by virtue of that share ownership, to the exclusive right to occupy a specified building or part of a building on the land and is not required to make any payments of a rental nature for that right;

joint owners means persons—

(a)who own land jointly or in common, whether as partners or otherwise; or

(b)who are deemed by this Act to be joint owners;

land includes—

(a)all land and tenements;

(b)all interests in land;

land titles legislation has the same meaning as in section 5 of the Electronic Conveyancing (Adoption of National Law) Act 2013;

liabilities, in relation to a sub-fund of a CCIV, has the meaning given by section 1233L of the Corporations Act;

listed trust has the same meaning as in the Duties Act 2000;

LSE means the London Stock Exchange;

member, in relation to a sub-fund of a CCIV, has the same meaning as in paragraph (c) of the definition of that term in the Corporations Act;

mortgage means—

(a)a security by way of mortgage or charge over land; or

(b)a security by way of a transfer of land held in trust to be sold and redeemable before the sale, except if the transfer is for the benefit of creditors who accept it in full satisfaction of debts owed to them; or

(c)a transfer, assignment or disposition of any estate or interest in land that is apparently absolute but intended only as a security; or

(d)an instrument that, on the deposit of documents of title to land, authority to control title or a pledge to provide that control, becomes a mortgage or evidences the terms of a mortgage;

municipal district has the same meaning as in the Local Government Act 2020;

natural person absentee means a natural person who is not an Australian citizen or resident and—

(a)who does not ordinarily reside in Australia; and

(b)who—

(i)was absent from Australia on 31 December in the year immediately preceding the tax year; or

(ii)in the year immediately preceding the tax year, was absent from Australia for a period of at least 6 months or for periods that when added together equal a period of at least 6 months;

nominated beneficiary of a discretionary trust, means a person nominated under section 46F;

nominated PPR beneficiary means a person nominated under section 46H;

non-rateable leviable land has the same meaning as in the Emergency Services and Volunteers Fund Act 2012;

non-rateable non-leviable land has the same meaning as in the Valuation of Land Act 1960;

NYSE means the New York Stock Exchange;

NZXmeans the company registered in New Zealand known as NZX Limited;

occupancy date, for an eligible BTR development, means the date on which an occupancy permit has been issued in respect of each of the dwellings that comprise the BTR development;

Note

An eligible BTR development may have more than one occupancy date because of the application of section 70G.

owner—

(a)of land, has the meaning given in section 10;

(b)of a home unit, has the meaning given in section 12;

parcel of land means any land that is—

(a)contiguous or separated only by a road, railway or other similar area across or around which movement is reasonably possible; and

(b)owned by the same person;

personal representative means a person acting in the capacity of an executor or administrator of a deceased estate;

post-2006 land, in relation to a trust, means land that became subject to that trust on or after 1 January 2006;

pre-2006 land, in relation to a trust, means land that was subject to that trust at midnight on 31 December 2005;

principal beneficiary, of a special disability trust—

(a)has the meaning given in section 1209M(1) of the Social Security Act, in the case of a special disability trust within the meaning of section 1209L of that Act; or

(b)has the meaning given in section 52ZZZWA(1) of the Veterans' Entitlements Act, in the case of a special disability trust within the meaning of section 52ZZZW of that Act;

principal place of residence includes sole place of residence;

public sector superannuation authority means a public body within the meaning of the Financial Management Act 1994 that is required to submit an annual report under Part 7 of that Act in relation to a public sector superannuation fund;

public statutory authority means a public statutory body constituted under an Act but does not include a public sector superannuation authority;

public unit trust scheme means—

(a)a listed trust; or

(b)a widely held trust; or

(c)a registered declared public unit trust scheme (within the meaning of the Duties Act 2000);

rateable land has the same meaning as in the Local Government Act 1989;

referable, in relation to a sub-fund and a share in a CCIV, has the meaning given by section 1230(1) of the Corporations Act;

registry instrument has the same meaning as in section 4(1) of the Transfer of Land Act 1958;

related corporations has the meaning given in section 47;

relative in relation to a person means—

(a)a spouse or domestic partner of the person;

(b)a lineal ancestor or lineal descendant of the person or of the spouse or domestic partner of the person;

(c)a brother or sister, or child of a brother or sister, of the person or of the spouse or domestic partner of the person;

(d)a spouse or domestic partner of a child of the person;

(e)a spouse or domestic partner of a brother or sister of the person;

renter has the same meaning as in section 3(1) of the Residential Tenancies Act 1997;

residential care facility has the meaning given in section 76(4);

residential rental agreement has the same meaning as in section 3(1) of the Residential Tenancies Act 1997;

residential service has the same meaning as in section 3(1) of the Disability Act 2006;

retirement village has the meaning given in section 78(3);

return date, in relation to a valuation, is the date on which the valuation is returned to the Valuer-General by the person who carried it out;

SDA dwelling has the same meaning as in section 3(1) of the Residential Tenancies Act 1997;

SDA provider has the same meaning as in section 3(1) of the Residential Tenancies Act 1997;

separate residence means a building, or a part of a building, that is capable of separate occupation as a residence;

site value has the same meaning as in the Valuation of Land Act 1960;

social housing has the same meaning as in section 4(1) of the Housing Act 1983;

Social Security Act means the Social Security Act 1991 of the Commonwealth;

special disability trust means—

(a)a special disability trust within the meaning of section 1209L of the Social Security Act; or

(b)a special disability trust within the meaning of section 52ZZZW of the Veterans' Entitlements Act;

*                *                *                *                *

specified beneficiary, of a discretionary trust, means a beneficiary who is specifically named in the trust deed or specifically declared in writing pursuant to the trust deed as a beneficiary to or in whom, by the terms of the trust, the whole or any part of the trust income or property may be distributed or vested—

(a)in the event of the exercise of a power or discretion in favour of the beneficiary (whether or not that power is presently exercisable); or

(b)in the event that a discretion conferred under the trust is not exercised;

spouse of a person means a person to whom the person is married;

sub-fund, of a CCIV, has the meaning given by section 1222Q(1) of the Corporations Act;

*                *                *                *                *

suitable for occupancy has the meaning given in section 70E;

superannuation trust means, in relation to a tax year—

(a)a trust established on or before 30 June in the year preceding the tax year that, in relation to the year of income ending in that year, is—

(i)a complying superannuation fund (within the meaning of section 42 or 42A of the Commonwealth Superannuation Act); or

(ii)a complying approved deposit fund (within the meaning of section 43 of the Commonwealth Superannuation Act); or

(iii)a pooled superannuation trust (within the meaning of section 44 of the Commonwealth Superannuation Act); or

(b)a trust established after 30 June in the year preceding the tax year that, as at midnight on 31 December in that year, is—

(i)a regulated superannuation fund (within the meaning of the Commonwealth Superannuation Act) or is taken to be a regulated superannuation fund under that Act; or

(ii)an approved deposit fund (within the meaning of the Commonwealth Superannuation Act); or

(iii)a pooled superannuation trust (within the meaning of the Commonwealth Superannuation Act);

supplementary valuation means a valuation made under section 13DF or 13L of the Valuation of Land Act 1960 that is supplementary to the last general valuation returned to the Valuer-General before 1 January in the year immediately preceding the tax year;

supported residential service has the meaning given in section 76(4);

taxable land means land that is not exempt land;

taxable value—

(a)of land, has the meaning given in Division 3 of Part 2;

(b)of transmission easements, has the meaning given in section 27;

tax year means a year for or in which land tax is being assessed;

title-based time-sharing scheme means a scheme under which participants are—

(a)entitled to use, occupy and possess land to which the scheme relates for 2 or more periods during the scheme's operation; and

(b)the registered proprietors of a share interest in respect of which a folio is created under section 98D of the Transfer of Land Act 1958;

transfer of land includes conveyance of the land;

transmission company has the same meaning as in the Electricity Industry Act 2000;

transmission easement means an easement held by a transmission company;

transmission easement holder has the meaning given in section 4;

trust—

(a)includes a trust under which the assets of a deceased person are held by a personal representative; and

(b)does not include an implied or constructive trust, except where expressly provided by this Act;

trustee, except in Division 1 of Part 4, includes trustee, executor, administrator, guardian, liquidator and any person having or taking upon themselves the possession, administration, or control of land, income, or other property of any description affected by any trust, or having the possession, control, or management of land of a person under any legal or other disability;

ultimate trust, in a chain of trusts, has the meaning given in section 3E;

unit in a unit trust scheme, means—

(a)a right or interest (whether described as a unit or a sub-unit or otherwise) of a beneficiary under the scheme; or

(b)a right to any such right or interest—

that entitles the beneficiary to participate proportionately with other unitholders in a distribution of the property of the trust on its vesting;

unit trust scheme means an arrangement made for the purpose, or having the effect, of providing facilities for participation by a person, as a beneficiary under a trust, in any profit or income arising from the acquisition, holding, management or disposal of property under the trust, but does not include an excluded trust;

vacant residential land tax means land tax imposed under Division 6 of Part 2;

*                *                *                *                *

vested beneficiary, in relation to land held on trust, means a beneficiary of the trust who—

(a)is a natural person; and

(b)has a vested beneficial interest in possession in the land or is the principal beneficiary of a special disability trust;

Veterans' Entitlements Act means the Veterans' Entitlements Act 1986 of the Commonwealth;

Victorian Minister means a Minister of the Crown in right of Victoria;

VRT land means taxable land that is—

(a)residential land within the meaning of section 34B; and

(b)vacant under section 34C;

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wholesale unit trust scheme means a unit trust scheme that is registered under Division 6 of Part 2 of Chapter 3 of the Duties Act 2000 as a wholesale unit trust scheme, an imminent wholesale unit trust scheme or a declared wholesale unit trust scheme;

widely held trust has the same meaning as that term would have in the Duties Act 2000 if a reference in paragraph (b) of the definition of widely held trust in section 3(1) of that Act to "300 registered unitholders" were a reference to "50 registered unitholders";

year means a calendar year.

(2)For the purposes of the definition of domestic partner in subsection (1)—

(a)registered domestic relationship has the same meaning as in the Relationships Act 2008; and

(b)in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.

(3)For the purposes of paragraph (b) of the definition of administration trust in subsection (1), the Commissioner may approve a further period in any particular case.

3AAbsentee controlling interest

(1)For the purposes of this Act, an absentee person holds an absentee controlling interest in a corporation if—

(a)the absentee person, or that person acting together with another absentee person, can control the composition of the board of the corporation; or

(b)the absentee person, or that person acting together with another absentee person, is in a position to cast or control the casting of more than 50% of the maximum number of votes that might be cast at a general meeting of the corporation; or

(c)the absentee person holds, or that person acting together with another absentee person hold, more than 50% of the issued share capital of the corporation.

(2)For the purposes of subsection (1)—

(a)a reference to the issued share capital of a corporation does not include a reference to any part of it that carries no right to participate beyond a specified amount in a distribution of either profits or capital; and

(b)subject to paragraphs (c) and (d), any shares held or power exercisable by a person or nominee for an absentee person are taken to be also held or exercisable by the absentee person; and

(c)any shares held or power exercisable by an absentee person by virtue of the provisions of any debentures of another corporation, or of a trust deed for securing any issue of any such debentures, must be disregarded; and

(d)any shares held or power exercisable by, or by a nominee for, an absentee person (not being held or exercisable as mentioned in paragraph (c)) are taken to be not held or exercisable by that person if—

(i)the ordinary business of that person includes the lending of money; and

(ii)the shares are held or the power is exercisable only by way of security given for the purposes of a transaction entered into in the ordinary course of business in connection with the lending of money, not being a transaction entered into with an associate of that person within the meaning of the Corporations Act; and

(e)the composition of a corporation's board is taken to be controlled by an absentee person if the absentee person, by the exercise of a power exercisable whether or not with the consent or concurrence of any other person, can appoint or remove all or a majority of the members of the board.

(3)Subsection (2)(e) does not limit the circumstances in which the composition of a corporation's board is to be taken to be controlled by an absentee person.

3BExemptions from holding absentee controlling interests

(1)Despite section 3A, an absentee person is taken not to hold an absentee controlling interest in a corporation if the absentee person holds an exemption under subsection (2).

(2)The Treasurer, for the purposes of subsection (1), may, in writing, exempt an absentee person who holds an absentee controlling interest in a corporation if the Treasurer is satisfied that, having regard to any one or more of the following matters, the absentee person should not be taken to hold that interest—

(a)the nature and degree of ownership and control the absentee person, or that person acting together with another absentee person, has in the corporation;

(b)the practical influence the absentee person, or that person acting together with another absentee person, exerts to determine or influence, directly or indirectly, the outcome of decisions about the corporation's financial and operating policies;

(c)any practice or behaviour of the absentee person, or that person acting together with another absentee person, which affects the corporation's financial or operating policies;

(d)any other relevant circumstances.

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3BAExemption—land held on trust under absentee trusts

(1)For the purposes of Part 3, if an absentee beneficiary holds an exemption under subsection (2) in relation to an absentee trust that is—

(a)a fixed trust, the absentee beneficiary is taken to hold their beneficial interest in the trust as a beneficiary who is not an absentee beneficiary; or

(b)a unit trust scheme, the absentee beneficiary is taken to be a unitholder in the scheme who is not an absentee beneficiary; or

(c)a discretionary trust, the absentee beneficiary is taken to be a specified beneficiary of the trust who is not an absentee beneficiary.

(2)The Treasurer, for the purposes of subsection (1), may, in writing, exempt an absentee beneficiary in relation to an absentee trust if the Treasurer is satisfied that, having regard to any one or more of the following matters, the absentee beneficiary should not be treated as an absentee beneficiary in relation to the trust—

(a)the nature and degree of the absentee beneficiary's interest in the trust;

(b)the practical influence the absentee beneficiary exerts or any rights the absentee beneficiary enforces to determine or influence, directly or indirectly, the outcome of decisions about the administration and conduct of the trust;

(c)any practice or behaviour of the absentee beneficiary affecting the trustee's administration and conduct of the trust;

(d)any other relevant circumstances.

3BBAbsentee exemption requirements

(1)At least once every 12 months the Treasurer must cause to be laid before each House of Parliament, and publish on an appropriate government website, a report setting out—

(a)in respect of the exemptions (if any) granted by the Treasurer under sections 3B and 3BA during the period covered by the report—

(i)the number of exemptions; and

(ii)the name of each corporation or trust in relation to which an exemption was granted; and

(iii)the value of each exemption, being the amount of land tax foregone, or likely to be foregone, by the State because of the exemption; and

(b)in respect of the exemptions (if any) granted by the Commissioner or a member of staff of the State Revenue Office during the period covered by the report under a delegation under section 3C—

(i)the number of exemptions; and

(ii)the total value of the exemptions, being the total amount of land tax foregone, or likely to be foregone, by the State because of the exemptions.

(2)The Treasurer must issue guidelines for the exercise of the power of exemption under sections 3B and 3BA.

(3)The Treasurer must cause guidelines issued under subsection (2) to be published in the Government Gazette.

(4)Guidelines issued under subsection (2) are not a legislative instrument within the meaning of the Subordinate Legislation Act 1994.

3CDelegation of exemption power

(1)The Treasurer may delegate, by instrument, to the Commissioner—

(a)the power of the Treasurer to exempt an absentee person under section 3B(2);

(ab)the power of the Treasurer to exempt an absentee beneficiary under section 3BA(2);

(b)the power to delegate the power delegated under paragraph (a) or (ab).

(2)If power has been delegated under subsection (1)(b), the Commissioner may, subject to the terms of the instrument of delegation, sub‑delegate, by instrument, to a member of staff of the State Revenue Office the power that is the subject of the delegation, other than the power of sub‑delegation.

(3)Subject to subsection (4), sections 42 and 42A of the Interpretation of Legislation Act 1984 apply in relation to a sub-delegation in the same manner as they apply in relation to a delegation.

(4)Despite section 42A(1)(a) of the Interpretation of Legislation Act 1984, the Treasurer cannot exercise the power to—

(a)exempt an absentee person under section 3B(2) while a delegation under subsection (1)(a) is in effect; or

(b)exempt an absentee beneficiary under section 3BA(2) while a delegation under subsection (1)(ab) is in effect.

(5)In this section—

member of staff of the State Revenue Office means—

(a)an employee referred to in section 67 of the Taxation Administration Act 1997; or

(b)a consultant or contractor engaged under section 68 of that Act.

3DMeaning of chain of trusts

(1)For the purposes of this Act, a chain of trusts is 2 or more trusts where at least one of the following conditions is satisfied for each of the trusts—

(a)the trustee of the trust has a specified interest under another of the trusts;

(b)the trustee of another of the trusts has a specified interest under the trust.

(2)For the purposes of this section, a person has a specified interest under a trust if—

(a)in the case of a trust that is a fixed trust, the person has a beneficial interest under the trust; or

(b)in the case of a trust that is a unit trust scheme, the person is a unitholder in the scheme; or

(c)in the case of a trust that is a discretionary trust, the person is a specified beneficiary of the trust.

3EMeaning of ultimate trust

(1)For the purposes of this Act, an ultimate trust is a trust—

(a)in a chain of trusts; and

(b)under which no person who has a specified interest holds that interest as a trustee of a trust for another person.

(2)For the purposes of this section, a person has a specified interest under an ultimate trust if—

(a)in the case of a trust that is a fixed trust, the person has a beneficial interest under the trust; or

(b)in the case of a trust that is a unit trust scheme, the person is a unitholder in the scheme; or

(c)in the case of a trust that is a discretionary trust, the person is a specified beneficiary of the trust.

3FPartners taken to have beneficial interest in individual partnership property

(1)For the purposes of this Act, a partner in a partnership is taken to have a beneficial interest in each item of partnership property in the same proportion as the partner's partnership interest.

(2)Without limiting subsection (1), if the partnership property of a partnership (first partnership) includes an interest in another partnership, whether directly or indirectly through one or more other partnerships, a partner in the first partnership is also taken to have a beneficial interest in each item of the partnership property of each other partnership—

(a)to the extent of the direct or indirect interest in the other partnership; and

(b)in the same proportion as the partner's partnership interest in the first partnership.

(3)The value of the partner's beneficial interest in an item of partnership property must be determined without regard to any liabilities of the partnership.

Example

A partnership consists of 4 partners each of whom has contributed equally to the capital of the partnership and would be entitled to a 25% share of any surplus on dissolution of the partnership in respect of capital. The sole partnership property is land with an unencumbered value of $4 million. The registered proprietor of the land is a person who holds the land as custodian for the benefit of the partnership. The liabilities of the partnership are $3 million. Under this section, each partner is taken to have a 25% beneficial interest in the land without regard to any liabilities of the partnership.

(4)In this section—

partnership interest, of a partner, means the proportion of any surplus to which the partner would be entitled in respect of capital if the partnership were to be dissolved;

partnership property has the same meaning as in section 24(1) of the Partnership Act 1958.

3GApplication of this Act to corporate collective investment vehicles

(1)For the purposes of this Act, each sub-fund of a CCIV is taken to be a unit trust scheme of which—

(a)the CCIV is the trustee; and

(b)the business, assets and liabilities of the sub‑fund are the trust property; and

(c)the members of the sub-fund are the beneficiaries.

(2)For a sub-fund that is taken to be a unit trust scheme under subsection (1)—

(a)a share in the CCIV that is referable to that sub-fund is taken to be a unit in the unit trust scheme; and

(b)any rights, entitlements, obligations and other characteristics attaching to that share are taken, as far as practicable, to be the same rights, entitlements, obligations and other characteristics attaching to the unit.

(3)For the purposes of this Act, a sub-fund that is taken to be a unit trust scheme under subsection (1) must be treated as an excluded trust if—

(a)all shares that are referable to the sub‑fund are quoted on one of the following exchanges—

(i)the ASX or an equivalent exchange;

(ii)the LSE;

(iii)the NYSE;

(iv)the NZX;

(v)any exchange of the World Federation of Exchanges; or

(b)both of the following apply—

(i)there are at least 50 members who hold shares that are referable to the sub-fund;

(ii)none of those members, either individually or together with associated persons, holds more than 20% of those shares; or

(c)the sub-fund—

(i)is taken to be a unit trust scheme under the Duties Act 2000; and

(ii)is declared as a public unit trust scheme under Division 6 of Part 2 of Chapter 3 of that Act; or

(d)the sub-fund—

(i)is taken to be a unit trust scheme under the Duties Act 2000; and

(ii)is registered under Division 6 of Part 2 of Chapter 3 of that Act as a wholesale unit trust scheme, an imminent wholesale unit trust scheme or a declared wholesale unit trust scheme.

(4)For the purposes of this Act, a CCIV is taken to be a separate person in relation to each unit trust scheme of which it is the trustee under subsection (1).

(5)This Act does not apply to a CCIV or the members of a sub-fund of a CCIV except as provided in this section.

Example

A CCIV has 2 sub-funds: sub-fund A and sub-fund B. The assets of sub-fund A include Blackacre, which has a taxable value of $10 million. The assets of sub-fund B include Whiteacre, which has a taxable value of $5 million.

The CCIV is the owner of Blackacre as the trustee of the unit trust scheme that is sub-fund A. Separately, the CCIV is the owner of Whiteacre as the trustee of the unit trust scheme that is sub-fund B.

If the assets of sub-fund A include shares that are referable to sub-fund B, then the CCIV, as the trustee of the unit trust scheme that is sub-fund A, is a unitholder and beneficiary of the unit trust scheme that is sub-fund B.

4Transmission easement holders

(1)For the purposes of this Act, a transmission easement holder is a transmission company that holds a transmission easement.

(2)A transmission company holds a transmission easement if the transmission easement has been—

(a)acquired by the transmission company; or

(b)granted to, or reserved in favour of, the transmission company; or

(c)created by statute in favour of, or vested by statute in, the transmission company.

(3)If a transmission company uses an easement of a related body corporate of that company—

(a)that easement is, for the purposes of this Act, deemed to be a transmission easement; and

(b)the transmission company is, for the purposes of this Act, deemed to be a transmission easement holder and may be assessed for tax as if it held the transmission easement.

(4)If the Commissioner is satisfied that a transmission company should not be liable for land tax under Division 4 of Part 2 on an easement referred to in subsection (3), having regard to—

(a)the nature of the easement; and

(b)any other matters the Commissioner considers relevant—

the Commissioner may treat the easement as not being a transmission easement for the purposes of this Act.

(5)In this section—

related body corporate has the same meaning as in section 50 of the Corporations Act.

5Taxation Administration Act 1997

This Act is to be read together with the Taxation Administration Act 1997 which provides for the administration and enforcement of this Act and other taxation laws.

6Act binds the Crown

(1)This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

(2)Nothing in this Act makes the Crown in any of its capacities liable to be prosecuted for an offence.

PART 2—IMPOSITION OF LAND TAX

Division 1—Imposition of land tax

7General imposition of land tax

Land tax is imposed in respect of each year on all taxable land in Victoria.

Note

For land tax on transition easements, see Division 4. For vacant residential land tax, see Division 6.

8Who is liable for land tax?

The owner of taxable land is liable to pay land tax on the land.

9When must land tax be paid?

The day specified in a notice of assessment of land tax must be not less than 14 days after the day the notice is served on the taxpayer.

Note

Section 14 of the Taxation Administration Act 1997 provides for notices of assessment and provides that tax is payable on or before the day specified in the notice.

Division 2—Owners of land

10Who is the owner of land?

(1)The following persons are owners of land for the purposes of this Act—

(a)a person entitled to land for a freehold estate in possession;

(b)a person entitled to land under a lease of Crown land;

(c)a person entitled to land under a licence of Crown land if the person has a right, absolute or conditional, of acquiring the fee simple;

(d)a person who is a licensee of vested land under Part 3A of the Victorian Plantations Corporation Act 1993;

(e)a person deemed by this Act to be the owner of land.

(2)Subsection (1)(b) does not apply to a person entitled to land under a sub-lease of Crown land.

11Life tenants

For the purposes of this Act, a person who holds a life estate in possession in land is deemed to be the owner of the land instead of the person entitled to the fee simple in reversion or remainder.

12Home units

(1)This section applies if there are 2 or more home units on land.

(2)For the purposes of this Act, an owner of a home unit is deemed to be the owner of land having a taxable value that is the taxable value of the home unit.

(3)In this section—

land means the land on which the building or buildings of which a home unit is part is or are situated;

owner of a home unit, means the person who is entitled to the exclusive right to occupy the home unit because he or she—

(a)is the owner of an undivided share in the land on which the home unit is situated; or

(b)is a shareholder in the body corporate which owns the land on which the home unit is situated.

13Person in possession of land deemed owner despite disposition of it

(1)A person who disposes of land but retains possession of the land is deemed to be the owner of the land (but not to the exclusion of any other person) while the person retains possession.

(2)In this section—

dispose includes dispose by way of transfer, settlement, declaration of trust or any other method.

14Purchaser of land on credit or deferred payment

For the purposes of this Act, each of the following is deemed to be the owner of land—

(a)a purchaser on credit or deferred payment;

(b)an assignee or transferee of a purchaser on credit or deferred payment.

15Purchaser of land under contract of sale

(1)For the purposes of this Act, a purchaser under a contract of sale of land is deemed to be the owner of the land (but not to the exclusion of any other person) if the purchaser has taken possession of the land.

(2)Subsection (1) applies whether or not the contract of sale has been completed by the transfer of the land.

16Vendors of land

(1)For the purposes of this Act, the vendor of land under a contract of sale of land is deemed to be the owner of the land (but not to the exclusion of any other person) until—

(a)the purchaser has taken possession of the land; and

(b)subject to subsection (3), at least 15% of the purchase money has been paid.

(2)Subsection (1) applies whether or not the contract of sale has been completed by the transfer of the land.

(3)The Commissioner may determine that the vendor is deemed not to be the owner of land despite the fact that 15% of the purchase money has not been paid if the Commissioner is satisfied that—

(a)the contract of sale was made in good faith and not for the purpose of evading the payment of land tax; and

(b)the contract of sale is still in force.

(4)In determining the percentage of purchase money that has been paid, the following amounts must be considered to be unpaid purchase money—

(a)all money owing by the purchaser to the vendor and secured by a mortgage over the land;

(b)all money lent to the purchaser by the vendor;

(c)all money owing by the purchaser to any other person that is directly or indirectly guaranteed by the vendor.

(5)If the vendor and the purchaser are both deemed to be the owners of land under this Part, there is to be deducted from any land tax payable on the land by the vendor any land tax payable on the land by the purchaser.

16ATransfer of land for no consideration

(1)The Commissioner may determine that a person who has disposed of land is to be deemed to not be the owner of that land if the Commissioner is satisfied that—

(a)the person has disposed of the land for no valuable consideration; and

(b)the disposition of the land was made in good faith and not for the purpose of evading the payment of land tax; and

(c)the person to whom the land was disposed of had taken possession of the land on or before midnight on 31 December in the year immediately preceding the tax year.

(2)If the Commissioner makes a determination under subsection (1)—

(a)the person who disposed of the land is deemed not to be the owner of the land; and

(b)the person to whom the land was disposed of for no valuable consideration is deemed to be the owner of the land.

(3)Subsection (2) applies whether or not the person to whom the land was disposed of is the registered proprietor of the land.

(4)In this section—

dispose of means dispose of by way of settlement, grant, assignment, transfer or conveyance.

17Mortgagees in possession

(1)A mortgagee in possession of land is deemed to be the owner of the land for the purposes of this Act, but not to the exclusion of the mortgagor or other owner of the land.

Note

Section 43 sets out how land tax is to be assessed in the case of mortgagees in possession.

(2)There is to be deducted from any land tax payable on land by the mortgagee in possession any land tax paid on the land by the mortgagor or other owner.

18Holders of beneficial interests

The holders of beneficial interests in certain trusts are deemed to be the owners of land by Division 2A or 2AB of Part 3.

18AManagers of title-based time-sharing schemes

For the purposes of this Act, a person who manages a title-based time-sharing scheme is deemed to be the owner of the land to which that scheme relates instead of the participants under that scheme.

18BOwners of land under shared equity arrangements

(1)For the purpose of assessing land tax, including the application of any exemptions or concessions, on land purchased under a shared equity arrangement, no account is to be taken of any interest the State has in the land.

(2)In this section—

homehas the meaning given by section 4 of the First Home Owner Grant and Home Buyer Schemes Act 2000;

home buyer scheme has the meaning given by section 34A of the First Home Owner Grant and Home Buyer Schemes Act 2000;

shared equity arrangement means an arrangement, including an arrangement made under a home buyer scheme, under which the State contributes to the purchase of a home, or land on which a home will be affixed, and takes an equitable interest in the land to which the home is or will be affixed.

18COwners of land under a Help to Buy arrangement

(1)For the purposes of assessing land tax, including the application of any exemptions or concessions, on land purchased under a Help to Buy arrangement, no account is to be taken of any interest the Commonwealth or Housing Australia has in the land.

(2)In this section—

Help to Buy arrangement has the same meaning as in the Help to Buy Act 2024 of the Commonwealth;

Housing Australia has the same meaning as in the Housing Australia Act 2018 of the Commonwealth.

Division 3—What is the taxable value of land?

19Taxable value of land

(1)Subject to subsection (1A), the taxable value of land for a tax year is an amount equal to the site value of the land as at the relevant date.

(1A)For the purposes of calculating vacant residential land tax, the taxable value of land for a tax year is an amount equal to the capital improved value of the land as at the relevant date.

(2)The relevant date is—

(a)for land that is rateable land or non‑rateable leviable land—

(i)subject to subparagraph (ii), the date as at which that land was valued for the purposes of the last general valuation returned to the Valuer-General before 1 January in the tax year; or

(ii)if that land has been valued for the purposes of a supplementary valuation after the return date of the last general valuation referred to in subparagraph (i) but before 1 January in the tax year, the return date of the supplementary valuation; and

(b)for land that is non-rateable non‑leviable land—

(i)subject to subparagraph (ii), the date as at which rateable land or non-rateable leviable land was valued for the purposes of the last general valuation referred to in paragraph (a)(i); or

(ii)the date as at which the land was valued for and on behalf of the Commissioner before 1 January in the tax year by the Valuer-General or a valuer nominated by the Valuer-General.

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21Use of valuations

(1)For the purposes of assessing land tax, the Commissioner may use—

(a)valuations made by the Valuer‑General under the Valuation of Land Act 1960; or

(b)other valuations made for and on behalf of the Commissioner by the Valuer‑General or a valuer nominated by the Valuer-General.

(2)Without limiting subsection (1), the Commissioner may—

(a)use a valuation made under the Valuation of Land Act 1960 that has determined the value of each separate occupancy on land; and

(b)include in a notice of assessment a description of the occupancy on land.

(3)A valuation of occupancy on land made under the Valuation of Land Act 1960 is deemed to be a valuation of land for the purposes of this Act.

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22Taxable value of parts of land not separately valued

(1)This section applies if—

(a)it is necessary to determine the taxable value of part of land (the part) for or in a tax year; and

(b)the part was not valued separately as at the relevant date (within the meaning of section 19) in relation to that year; and

(c)the whole land was valued separately as at the relevant date.

(2)The taxable value of the part is determined in accordance with the formula—

A/B × C

where—

Ais the total area of the part of the land that is taxable;

Bis the total area of the whole land;

Cis the site value of the whole land.

(3)In this section—

total area, in relation to land or a part of land, means the area of the land or part plus the sum of the areas of each floor of a building on the land or part (whether above or below ground) other than the ground floor.

23Taxable value of home units not valued separately

(1)This section applies if there are 2 or more home units on land.

(2)If a home unit is not valued separately as at the relevant date (within the meaning of section 19) in relation to a tax year, the taxable value of the home unit is determined in accordance with the formula—

where—

Ais the net annual value of the home unit;

Bis the net annual value of all home units on the land;

Cis the taxable value of the land.

(3)In this section—

net annual value has the same meaning as in the Valuation of Land Act 1960.

Division 4—Land tax on transmission easements

24Imposition of land tax on transmission easements

Land tax is imposed in respect of each year on all transmission easements in Victoria other than exempt transmission easements.

25Who is liable for land tax on transmission easements?

The transmission easement holder is liable to pay land tax on a transmission easement.

26When must land tax be paid?

The day specified in a notice of assessment of land tax on transmission easements must be not less than 14 days after the day the notice is served on the taxpayer.

Note

Section 14 of the Taxation Administration Act 1997 provides for notices of assessment and provides that tax is payable on or before the day specified in the notice.

27What is the taxable value of a transmission easement?

(1)The taxable value of a transmission easement is—

(a)in respect of the 2006 tax year—the value as at 1 January 2004 determined in a valuation made under section 5B of the Valuation of Land Act 1960;

(b)in respect of every tax year after 2006, the value as at the relevant easement valuation date determined in a valuation made under section 5B of the Valuation of Land Act 1960.

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(2)In this section—

relevant easement valuation date, for a transmission easement in respect of a tax year, means the date as at which a valuation of the transmission easement was last made in accordance with section 5B of the Valuation of Land Act 1960, being a date before 1 January in the tax year.

28Agreements relating to the payment of tax

(1)The Commissioner may enter into an agreement with a transmission easement holder in relation to the payment of land tax imposed on the transmission easement.

(2)An agreement under subsection (1)—

(a)may, despite anything to the contrary in this Act, permit the payment of the tax to be by instalments within such time as is set out in the agreement; and

(b)must not be for a period exceeding 5 years.

(3)Nothing in this section limits the operation of section 49 of the Taxation Administration Act 1997.

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Division 6—Vacant residential land tax

34AImposition of vacant residential land tax

(1)Vacant residential land tax is imposed each year on taxable land in Victoria that is residential land which is vacant.

(1A)Despite subsection (1), vacant residential land tax is not imposed on taxable land in an alpine resort.

(2)Vacant residential land tax is imposed in addition to any other land tax imposed under this Act.

Note

Certain taxable land is exempt from vacant residential land tax—see Division 9 of Part 4.

34BWhat is residential land?

(1)For the purposes of this Division, residential land is land that is capable of being used solely or primarily for residential purposes.

(2)Land is also residential land for the purposes of this Division if—

(a)a residence is being constructed or renovated on the land; and

(b)before the commencement of the construction or renovation—

(i)the land was capable of being used solely or primarily for residential purposes; or

(ii)there was a residence that was uninhabitable on the land; and

(c)on the completion of the construction or renovation, the land will be capable of being used solely or primarily for residential purposes.

(2A)Land is also residential land for the purposes of this Division if—

(a)there is a residence that is uninhabitable on the land; and

(b)the land is not land referred to in subsection (2).

(3)Despite subsections (1) and (2), residential land does not include land that is capable of being used and occupied solely or primarily as—

(a)commercial residential premises and that may lawfully be used and occupied in that way; or

(b)a residential care facility and that may lawfully be used and occupied in that way; or

(c)a supported residential service and that may lawfully be used and occupied in that way; or

(d)a retirement village service and that may lawfully be used and occupied in that way.

34CWhen is residential land vacant?

(1)For the purposes of this Division, residential land referred to in section 34B(1) is vacant in a tax year if it has not been used and occupied for a period (whether continuous or aggregate) of greater than 6 months in the year preceding the tax year by any one or more of the following—

(a)the owner of the residential land as the principal place of residence of the owner;

(b)the owner's permitted occupant as the principal place of residence of the occupant;

(c)a natural person under a lease or short‑term letting arrangement made in good faith and not for the purpose of avoiding the payment of vacant residential land tax.

(2)For the purposes of this Division, residential land referred to in section 34B(2) is vacant in a tax year if, at the end of the year preceding the tax year—

(a)the construction or renovation referred to in section 34B(2)(a) was not completed; and

(b)more than 2 years have elapsed since that construction or renovation commenced.

(2A)For the purposes of this Division, residential land referred to in section 34B(2A) is vacant in a tax year if, at the end of the year preceding the tax year, the residence has been uninhabitable for 2 years or more.

(3)Despite subsection (2), residential land referred to in section 34B(2) is not vacant in a tax year if the Commissioner is satisfied there is an acceptable reason for the construction or renovation not being completed by the end of the year preceding the tax year.

(4)For the purposes of subsection (2), the date on which construction or renovation commences is the date of issue of the building permit for the construction or renovation.

(4A)Despite subsection (2A), residential land referred to in section 34B(2A) is not vacant in a tax year if the Commissioner is satisfied there is an acceptable reason for the residence not having been made habitable.

(5)In this section—

permitted occupant means a person (other than a tenant) who uses and occupies land with the permission of the owner.

*                *                *                *                *

34EWho is liable for vacant residential land tax?

(1)Subject to this section, the owner of VRT land is liable to pay vacant residential land tax on the land.

(2)A mortgagee in possession who is deemed by section 17 to be an owner of VRT land is not liable to pay vacant residential land tax on the land.

(3)The holder of a beneficial interest in a trust who is deemed by Division 2A or 2AB of Part 3 to be the owner of VRT land is not liable to pay vacant residential land tax on the land.

34FWhen must vacant residential land tax be paid?

The day specified in a notice of assessment of vacant residential land tax must not be less than 14 days after the day the notice is served on the taxpayer.

Note

Section 14 of the Taxation Administration Act 1997 provides for notices of assessment and provides that tax is payable on or before the day specified in the notice.

34GOwner of land subject to vacant residential land tax must notify Commissioner

(1)An owner of VRT land (other than an owner referred to in section 34E(2) or (3)) must lodge a written notice with the Commissioner before 15 January in each year.

(2)A notice under this section must—

(a)be in the form and contain the information determined by the Commissioner; and

(b)be accompanied by any documents or other evidence determined by the Commissioner.

Division 7—BTR special land tax

34HImposition of BTR special land tax

(1)BTR special land tax is imposed on land or part of land in Victoria if—

(a)a BTR benefit has been applied to the land or part of land in anticipation of compliance with the fifteen year eligibility requirement; and

(b)due to a change in circumstances, the fifteen year eligibility requirement is not complied with.

(2)The liability for BTR special land tax arises at the time of the change in circumstances.

(3)BTR special land tax is imposed on the land or part of land in addition to any other land tax imposed on the land or part of land under this Act.

34IWho is liable for BTR special land tax?

The owner of land at the time of the change in circumstances referred to in section 34H(1)(b) is liable to pay BTR special land tax on the land or part of land.

34JWhen must BTR special land tax be paid?

The day specified in a notice of assessment of BTR special land tax must not be less than 14 days after the day the notice is served on the taxpayer.

Note

Section 14 of the Taxation Administration Act 1997 provides for notices of assessment and provides that tax is payable on or before the day specified in the notice.

34KDivision applies to land despite change in legal description

This Division applies to land or part of land whether or not there has been a change in the legal description of the land or part of land.

Example

An example of a change in the legal description of land is the issuing of new certificates of title of land following a subdivision of the land.

PART 3—ASSESSMENT OF LAND TAX

Division 1—Rate of land tax

35What is the rate of land tax?

(1)The rate of land tax (other than vacant residential land tax or BTR special land tax) is set out in Schedule 1.

Note

Schedule 1 sets out 5 different rates of land tax. Part 1 sets out the general rates of land tax, Part 2 sets out the rate of land tax on transmission easements, Part 3 sets out the land tax surcharge rates for trusts (see also Division 2A of this Part), Part 4 sets out the general absentee owner land tax surcharge rates and Part 5 sets out the land tax surcharge rates for absentee trusts (see also Division 2AB of this Part).

*                *                *                *                *

*                *                *                *                *

(3)Subject to section 88EB, the rate of vacant residential land tax is—

(a)if the land was not liable for vacant residential land tax in the preceding tax year—1%; or

(b)if the land was liable for vacant residential land tax in the preceding tax year but not the tax year preceding that tax year—2%; or

(c)if the land was liable for vacant residential land tax in the last 2 preceding tax years—3%.

Note

For the purposes of the vacant residential land tax, the taxable value of the land is the capital improved value of the land as at the relevant date—see section 19(1A).

(4)BTR special land tax is determined in accordance with Division 3B.

Division 2—How is land tax assessed?

36Land tax assessed on aggregated basis

(1)Subject to this Act, a taxpayer is to be assessed for land tax on land for a tax year on the total taxable value of all taxable land of which the taxpayer was the owner at midnight on 31 December immediately preceding that tax year.

(2)Subject to this Act, a taxpayer is to be assessed for land tax on transmission easements for a tax year on the total taxable value of all transmission easements of which the taxpayer was the holder at midnight on 31 December immediately preceding the tax year.

(3)For the purposes of an assessment, the applicable rate of land tax in Schedule 1 is to be applied to the total taxable value of that land or transmission easements (as the case requires).

37Certain taxable land assessed separately

(1)This section applies for the purposes of assessing land tax (other than vacant residential land tax) payable on the following land—

(a)taxable land owned by a charitable institution or held by a trustee on trust for charitable purposes;

(b)land referred to in section 81(1) that is taxable land because of section 81(2).

(2)Land tax is to be assessed for a year on each parcel of land referred to in subsection (1) of which the taxpayer was the owner at midnight on 31 December immediately preceding that year as if that parcel were the only land owned by the taxpayer.

(3)For that purpose, the applicable rate of land tax in Part 1, 3, 4 or 5 of Schedule 1 is to be applied separately to the taxable value of each parcel.

(3A)There is to be added to the land tax assessed on the total taxable value of all land referred to in subsection (1) the amount (if any) determined by applying the applicable rate in Part 6 of Schedule 1 to the total taxable value of the land.

(4)Part of a parcel of land (other than part of a building) is to be regarded as a separate parcel of land for the purposes of this section if the part—

(a)is occupied separately from other land in the parcel; or

(b)is obviously adapted to being so occupied.

37ACertain taxable land assessed separately—vacant residential land tax

Subject to this Act, a taxpayer is to be assessed for vacant residential land tax for a tax year on the taxable value of VRT land of which the taxpayer was the owner on 31 December immediately preceding that tax year as if that land were the only land owned by the taxpayer.

38Assessment of joint owners of land

(1)Joint owners of taxable land are to be assessed for land tax (other than vacant residential land tax) on land in accordance with this section.

Note

Joint owners of taxable land include absentee owners who own land jointly and absentee owners who own land jointly with owners who are not absentee owners.

(2)Subject to subsections (2A) and (2B), joint owners of taxable land are to be jointly assessed for land tax on the land as if it were owned by a single person, without regard to—

(a)the separate interest of each joint owner; or

(b)any other land owned by any joint owner (either alone or jointly with someone else).

(2A)In the case where all of the joint owners of taxable land are absentee owners, the joint owners are to be jointly assessed for land tax on the land as if it were owned by an absentee owner who is not a trustee of an absentee trust.

(a)any other provision of the old Act necessary to give effect to that continued provision; and

(b)any regulation made under the old Act for the purposes of that continued provision.

5Land tax capping for 2006

If, under clause 7.2 of the Second Schedule to the old Act, the duty of land tax payable for 2006 on the land of an owner would be a different amount from the amount of land tax payable under this Act as calculated by applying the rates in Table 1.1 in Schedule 1, the land tax payable under this Act on the land for 2006 is the amount calculated in accordance with clause 7.2 of the Second Schedule to the old Act.

5ALand tax capping for 2007

(1)The amount of land tax payable for 2007 on the land of an owner is—

(a)the amount determined in accordance with Table 1.2 or Table 3.2 in Schedule 1 (as applicable); or

(b)if that amount is more than 150% of the 2006 tax amount, 150% of the 2006 tax amount.

(2)For the purposes of this clause—

(a)the 2006 tax amount, in relation to land of an owner, means the amount determined by applying the rates of tax set out in Table 1.1 or Table 3.1 in Schedule 1 (as applicable) to the sum of—

(i)in respect of any land that was valued separately as at the relevant date (within the meaning of section 19) for the purpose of assessing land tax for 2006, the taxable value of that land determined for the purpose of assessing land tax for 2006; and

(ii)in respect of any land that was not valued separately as at the relevant date for the purpose of assessing land tax for 2006 but was rated separately as at the relevant date for the purpose of assessing land tax for 2007, the taxable value of that land determined for the purpose of assessing land tax for 2007; and

(iii)in respect of all other land, the taxable value of the land as assessed under this Act for 2006;

(b)if, for the 2006 tax year—

(i)the capping provisions in clause 5 applied to land of an owner; and

(ii)no tax was payable by the owner at the rates of tax set out in Table 3.1 in Schedule 1—

the 2006 tax amount is the amount referred to in paragraph (a) as capped in accordance with clause 5;

(c)if, for the 2006 tax year—

(i)the capping provisions in clause 5 applied to land of an owner; and

(ii)tax was also payable by the owner at the rates of tax set out in Table 3.1 in Schedule 1—

the 2006 tax amount is that part of the amount referred to in paragraph (a) as capped in accordance with clause 5 plus that part of the amount referred to in paragraph (a) determined by applying the rates of tax set out in Table 3.1 in Schedule 1;

(d)if the 2006 tax amount is zero, the amount of land tax payable for 2007 is the amount determined in accordance with Table 1.2 or Table 3.2 in Schedule 1 (as applicable).

6Application of this Act and old Act

(1)This Act applies to land tax for the 2006 tax year and each subsequent tax year.

(2)Despite its repeal, the old Act continues to apply to land tax for or in any tax year prior to 2006.

7Saving of exemption in respect of decentralised industries

(1)This clause applies to any land or part of land that was exempt from land tax under the old Act immediately before the commencement day because it was leased or occupied under or in accordance with an arrangement made by the Victorian Development Corporation or by a municipal council to promote or assist a decentralised industry.

(2)On and after the commencement day, the land or part of land is taken to be exempt land for as long as it continues to be leased or occupied under or in accordance with an arrangement made by the Victorian Development Corporation or by a municipal council to promote or assist a decentralised industry.

8Trusts

(1)A notice given under section 52 of the old Act that was in force immediately before the commencement day continues in force on and after that day as if it were a notice given under section 46B of this Act.

(2)A notice given under section 52A of the old Act that was in force immediately before the commencement day continues in force on and after that day as if it were a notice given under section 46C of this Act.

(3)A nomination of a beneficiary under section 52D of the old Act that was in force immediately before the commencement day continues in force on and after that day as if it were a nomination of a beneficiary under section 46F of this Act.

(4)A nomination of a PPR beneficiary under section 52F of the old Act that was in force immediately before the commencement day continues in force on and after that day as if it were a nomination of a PPR beneficiary under section 46H of this Act.

*                *                *                *                *

10Continuation of Orders

(1)An Order under section 9(1AD) of the old Act that was in force immediately before the commencement day continues in force on and after that day as if it were an order made under section 80(4) of this Act.

(2)An Order under section 9(1B) of the old Act that was in force immediately before the commencement day continues in force on and after that day as if it were an order made under section 64(2) of this Act.

(3)An Order under section 13P(1) of the old Act that was in force immediately before the commencement day continues in force on and after that day as if it were an order made under section 87(1) of this Act.

11State Taxation and Gambling Legislation Amendment (Budget Measures) Act 2007—special land tax

(1)Section 30(4) applies to land that vests in an authority, or land of which an authority takes possession, on or after 1 May 2007.

(2)A taxpayer is entitled to a refund of any special land tax paid on or after 1 May 2007 in respect of—

(a)land to which section 30(4) applies;

(b)land referred to in paragraph (a) or (b) of section 30(1) as in force immediately before the repeal of that paragraph, that ceased to be exempt land on or after 1 May 2007.

(3)In this clause, authority has the meaning given in section 30(5).

12State Taxation and Accident Compensation Acts Amendment Act 2007

(1)Despite its repeal, paragraph (f) of the definition of excluded trust in section 3(1) continues to apply on and after the commencement of section 8(1) of the State Taxation and Accident Compensation Acts Amendment Act 2007 in relation to a testator who died before that commencement.

(2)Division 2A of Part 3, as amended by sections 10 and 16 of the State Taxation and Accident Compensation Acts Amendment Act 2007, applies to an administration trust if the person whose estate is subject to the trust died on or after the commencement of those sections.

(3)Section 21 is deemed to have always been enacted as amended by section 9 of the State Taxation and Accident Compensation Acts Amendment Act 2007.

(4)Sections 46B(3)(b), 46C(3)(b), 46F(5)(a)(ii), 46F(8)(b), 46H(4)(a)(ii) and 46H(6)(b) as substituted by the State Taxation and Accident Compensation Acts Amendment Act 2007 apply and are taken always to have applied to nominations made on or after 1 January 2006.

(5)A taxpayer is entitled to a refund of any land tax paid on or after 1 January 2006 that is not payable because of subsection (4).

13Enactments applying to old Act

Despite anything to the contrary, the following enactments, as in force immediately before the commencement day, continue to apply on and after that day in respect of any matter to which the old Act continues to apply on and after that day and are taken always to have so applied—

(a)Taxation Administration Act 1997 and regulations made under that Act;

(b)Taxation (Reciprocal Powers) Act 1987;

(c)Victorian Civil and Administrative Tribunal Act 1998 and regulations and rules made under that Act.

14State Taxation and Other Acts Amendment Act 2012

(1)Section 61, as in force immediately before the commencement day, continues to apply in relation to land tax paid in respect of the 2012 tax year.

(2)Section 98, as amended by section 16 of the State Taxation and Other Acts Amendment Act 2012, applies on and after the commencement day irrespective of whether the lease or other arrangement under which the lessee or occupier occupies the land was entered into or made before, on or after that day.

(3)In this clause—

commencement day means the day on which Part 2 of the State Taxation and Other Acts Amendment Act 2012 comes into operation.

15Building a Better Victoria (State Tax and Other Legislation Amendment) Act 2014

(1)Grandfathered land that was exempt under section 65 or 68 for the 2014 tax year does not cease to be exempt under either of those sections for the 2015 tax year or subsequent tax years only because it is no longer outside greater Melbourne.

(2)Subclause (1) does not apply, or ceases to apply (as the case requires), if any of the following occurs after the relevant day—

(a)the land is subdivided;

(b)the land is disposed of;

(c)the owner of the land acquires other land that—

(i)is contiguous with the grandfathered land or separated from the grandfathered land only by a road, railway or other similar area across or around which movement is reasonably possible; and

(ii)is wholly or partly in greater Melbourne within the meaning of section 64(1) as amended by the amending Act or would be wholly or partly in greater Melbourne within the meaning of that section as amended by the amending Act if Division 3 of Part 4 of the amending Act had come into operation before the acquisition.

(3)To avoid doubt, land is not disposed of or acquired for the purpose of subclause (2) if ownership of the land vests in a joint tenant on the death of another joint tenant of the land.

(4)In this clause—

acquire means acquire by way of settlement, grant, assignment, transfer or conveyance;

amending Act means the Building a BetterVictoria (State Tax and Other Legislation Amendment) Act 2014;

commencement day means the day after the day on which the amending Act receives the Royal Assent;

dispose of means dispose of by way of settlement, grant, assignment, transfer or conveyance;

grandfathered land means land or part of land that, on the relevant day, was outside greater Melbourne within the meaning of section 64(1) as in force on that day but on and after the commencement day is in greater Melbourne within the meaning of section 64(1) as amended by the amending Act;

relevant day means the day on which the motion for the second reading of the Bill for the amending Act was moved in the Legislative Assembly.

16State Taxation Acts Amendment Act 2017

(1)For the purposes of section 34C(1), for the 2018 tax year residential land referred to in section 34B(1) is taken to be not vacant for the period beginning on 1 January 2017 and ending on 30 April 2017.

(2)Subclause (3) applies to land that, on 1 January 2018, is residential land referred to in section 34B(2) because a residence is being constructed or renovated on it.

(3)For the purposes of section 34C(2), the construction or renovation of a residence on land is taken to have commenced on 31 December 2017 if a building permit for that construction or renovation was issued on or before 31 December 2017.

17State Taxation Acts Further Amendment Act 2019

(1)Subclause (2) applies to land that, on 1 January 2020, is residential land referred to in section 34B(2A).

(2)For the purposes of section 34C(2A), the residence on the land is taken to have been uninhabitable from 31 December 2019.

18State Taxation Acts Amendment Act 2020

(1)Section 56(5), as in force immediately before the commencement day, continues to apply in relation to the 2021 tax year.

(2)Section 96, as in force immediately before the commencement day, continues to apply on and after that day in relation to any special land tax not paid before that day.

(3)On and after the commencement day, section 96(4) applies to a certificate issued under section 105 before its repeal as if the certificate were issued under section 95AA of the Taxation Administration Act 1997.

(4)An application for a certificate under section 105 that was pending before the commencement day is taken, on and after that day, to be an application for a certificate under section 95AA of the Taxation Administration Act 1997.

(5)In this clause—

commencement day means the day on which the State Taxation Acts Amendment Act 2020 comes into operation.

19State Taxation and Treasury Legislation Amendment Act 2022

(1)Section 61, as in force immediately before the commencement day, continues to apply to an owner who was assessed for land tax in respect of land if a construction or renovation of a residence on land is completed before the commencement day.

Note

Section 61, as in force immediately before the commencement day, provides that owners who have paid land tax are entitled to refunds in certain circumstances once a construction or renovation of a residence is completed.

(2)Section 78A, as amended by the amending Act, applies, and is taken always to have applied, in respect of the 2020 and 2021 tax years.

(3)A taxpayer is entitled to a refund of any land tax paid in respect of the 2020 or 2021 tax years that is not payable because of subclause (2).

(4)In this clause—

amending Act means the State Taxation and Treasury Legislation Amendment Act 2022;

commencement day means the day on which Part 5 of the amending Act comes into operation.

20Temporary arrangements—unoccupied land subsequently used as principal place of residence

(1)Land is exempt land in respect of an applicable year if—

(a)before the commencement day, a residence was being constructed or renovated on the land; and

(b)the works finish date for the construction or renovation did not occur before the commencement day; and

(c)the Commissioner is satisfied of the matters set out in section 61(1)(a) to (e).

(2)Subclause (1) does not apply for an applicable year that is 5 years or more after the year in which the works start date occurred.

(3)To obtain an exemption under subclause (1), an owner must—

(a)apply to the Commissioner for the exemption; and

(b)give the Commissioner any information the Commissioner requests for the purposes of enabling the Commissioner to determine whether the land is exempt under that subclause.

(4)If the Commissioner is satisfied as to the matters set out in section 61(1)(a) to (e) with respect to only part of the land—

(a)land tax is assessable on the remaining part of the land, unless another exemption applies to that part; and

(b)section 22 applies, if necessary, for that purpose.

(5)Section 61A applies to an owner of land who makes an application under subclause (3) as if the reference to section 61 were a reference to subclause (1).

(6)Sections 61B, 61C, 61D, 61E and 61F apply to the owner of land that is exempt under subclause (1) as if each reference to section 61 were a reference to subclause (1).

(7)Sections 39A, 39B, 55A and 61G apply in respect of land that is exempt land under subclause (1) as if each reference to section 61 in those sections were a reference to subclause (1).

(8)This clause applies to land or part of land whether or not there has been a change in the legal description of the land or part of the land.

(9)In this clause—

amending Act means the State Taxation and Treasury Legislation Amendment Act 2022;

applicable tax year means any of the following tax years—

(a)the 2019 tax year;

(b)the 2020 tax year;

(c)the 2021 tax year;

(d)the 2022 tax year;

commencement day means the day on which Part 5 of the amending Act comes into operation;

works finish date has the same meaning as in section 52(1).

21State Taxation Acts and Other Acts Amendment Act 2023

(1)For the purposes of section 34C(2), the date of commencement of the construction or renovation of a residence on land is taken to be 31 December 2023 if—

(a)the land is not within a specified geographic area within the meaning of section 34D, as in force immediately before its repeal by the amending Act; and

(b)on 31 December 2023 the land was residential land within the meaning of section 34B(2).

(2)For the purposes of section 34C(2A), the date on which a residence on land became uninhabitable is taken to be 31 December 2023 if—

(a)the land is not within a specified geographic area within the meaning of section 34D, as in force immediately before its repeal by the amending Act; and

(b)on 31 December 2023 the land was residential land within the meaning of section 34B(2A).

(3)In this clause—

amending Act means the State Taxation Acts and Other Acts Amendment Act 2023.

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 8 September 2005

Legislative Council: 20 October 2005

The long title for the Bill for this Act was "to re-enact and modernise the law relating to land tax, to repeal the Land Tax Act 1958, to amend the Taxation Administration Act 1997 and other Acts and for other purposes."

The Land Tax Act 2005 was assented to on 29 November 2005 and came into operation on 1 January 2006: section 2.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Land Tax Act 2005 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Duties and Land Tax Acts (Amendment) Act 2005, No. 85/2005

Assent Date:	29.11.05
Commencement Date:	Ss 22–31 on 1.1.06: s. 2(3)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

Land Tax Act 2005, No. 88/2005

Assent Date:	29.11.05
Commencement Date:	Sch. 3 cl. 9(2) inserted on 1.1.06 by No. 85/2005 s. 31: s. 2(3)
Note:	Sch. 3 cl. 9(2) provided that Sch. 3 cl. 9 expired on 31.12.07
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

Disability Act 2006, No. 23/2006

Assent Date:	16.5.06
Commencement Date:	S. 245 on 1.7.07: s. 2(3)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

State Taxation (Reductions and Concessions) Act 2006, No. 38/2006

Assent Date:	20.6.06
Commencement Date:	Ss 8, 9 on 21.6.06: s. 2
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006

Assent Date:	29.8.06
Commencement Date:	S. 61(Sch. item 20) on 30.8.06: s. 2(1)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

State Taxation Legislation (Miscellaneous Amendments) Act 2006, No. 84/2006

Assent Date:	10.10.06
Commencement Date:	Ss 12, 13 on 1.7.06: s. 2(3); ss 8–11 on 11.10.06: s. 2(1)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

Water (Governance) Act 2006, No. 85/2006

Assent Date:	17.10.06
Commencement Date:	S. 173(Sch. 1 item 3) on 1.7.07: s. 2(3)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

State Taxation and Gambling Legislation Amendment (Budget Measures) Act 2007, No. 22/2007

Assent Date:	12.6.07
Commencement Date:	S. 6(1)(3) on 1.5.07: s. 2(2); ss 7, 8 on 13.6.07: s. 2(1); s. 6(2) on 1.1.08: s. 2(4)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

Payroll Tax Act 2007, No. 26/2007

Assent Date:	26.6.07
Commencement Date:	S. 112 on 1.7.07: s. 2(1)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

Statute Law Revision Act 2007, No. 28/2007

Assent Date:	26.6.07
Commencement Date:	S. 3(Sch. item 37) on 27.6.07: s. 2(1)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

State Taxation and Accident Compensation Acts Amendment Act 2007, No. 68/2007

Assent Date:	11.12.07
Commencement Date:	Ss 8–20 on 12.12.07: s. 2
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

Relationships Act 2008, No. 12/2008

Assent Date:	15.4.08
Commencement Date:	S. 73(1)(Sch. 1 item 34) on 1.12.08: s. 2(2)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

State Taxation Acts Amendment Act 2008, No. 31/2008

Assent Date:	17.6.08
Commencement Date:	Ss 17(1), 18, 19 on 18.6.08: s. 2(1); s. 17(2) on 1.1.09: s. 2(4)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

Public Health and Wellbeing Act 2008, No. 46/2008

Assent Date:	2.9.08
Commencement Date:	S. 279 on 1.1.10: s. 2(2)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

Health Services Legislation Amendment Act 2008, No. 79/2008

Assent Date:	11.12.08
Commencement Date:	S. 18 on 31.3.09: Government Gazette 19.2.09 p. 328
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

Relationships Amendment (Caring Relationships) Act 2009, No. 4/2009

Assent Date:	10.2.09
Commencement Date:	S. 37(Sch. 1 item 16) on 1.12.09: s. 2(2)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

State Taxation Acts Amendment Act 2009, No. 37/2009

Assent Date:	30.6.09
Commencement Date:	S. 14 on 1.1.06: s. 2(3)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

State Taxation Acts Further Amendment Act 2009, No. 83/2009

Assent Date:	8.12.09
Commencement Date:	Ss 4, 5 on 1.1.06: s. 2(3); ss 6–14 on 9.12.09: s. 2(4)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

Valuation of Land Amendment Act 2009, No. 94/2009

Assent Date:	15.12.09
Commencement Date:	S. 33 on 1.5.10: s. 2(2)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

State Taxation Acts Amendment Act 2010, No. 36/2010

Assent Date:	15.6.10
Commencement Date:	S. 12 on 1.1.11: s. 2(3)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

Supported Residential Services (Private Proprietors) Act 2010, No. 49/2010

Assent Date:	24.8.10
Commencement Date:	S. 230 on 1.7.12: s. 2(2)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

Victorian Urban Development Authority Amendment (Urban Renewal Authority Victoria) Act 2011, No. 35/2011

Assent Date:	5.7.11
Commencement Date:	S. 19 on 25.10.11: Special Gazette (No. 342) 25.10.11 p. 1
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

State Taxation Acts Further Amendment Act 2011, No. 69/2011

Assent Date:	29.11.11
Commencement Date:	Ss 27–36 on 30.11.11: s. 2(1)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

State Taxation and Other Acts Amendment Act 2012, No. 76/2012

Assent Date:	4.12.12
Commencement Date:	Ss 3–18 on 5.12.12: s. 2(1)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

State Taxation and Financial Legislation Amendment Act 2013, No. 69/2013

Assent Date:	19.11.13
Commencement Date:	Ss 14–16 on 20.11.13: s. 2(1)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

Mental Health Act 2014, No. 26/2014

Assent Date:	8.4.14
Commencement Date:	S. 455(Sch. item 19) on 1.7.14: s. 2(1)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

Building a Better Victoria (State Tax and Other Legislation Amendment) Act 2014, No. 40/2014

Assent Date:	17.6.14
Commencement Date:	S. 18 on 12.12.07: s. 2(2); ss 13–17, 19–26 on 18.6.14: s. 2(1); ss 27, 28 on 1.12.14: s. 2(6)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

State Taxation Acts Amendment Act 2015, No. 26/2015

Assent Date:	29.6.15
Commencement Date:	Ss 25–38 on 30.6.15: s. 2(1)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

State Taxation and Other Acts Amendment Act 2016, No. 40/2016

Assent Date:	28.6.16
Commencement Date:	Ss 18, 19, 21–30 on 29.6.16: s. 2(1); s. 20 on 1.1.17: s. 2(3)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

State Taxation Acts Further Amendment Act 2016, No. 66/2016

Assent Date:	15.11.16
Commencement Date:	Ss 3–5 on 1.1.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

Urban Renewal Authority Victoria Amendment (Development Victoria) Act 2017, No. 10/2017

Assent Date:	27.3.17
Commencement Date:	S. 35 on 1.4.17: Special Gazette (No. 94) 27.3.17 p. 1
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

State Taxation Acts Amendment Act 2017, No. 28/2017

Assent Date:	27.6.17
Commencement Date:	Ss 50–67 on 1.1.18: s. 2(4)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

State Taxation Acts Further Amendment Act 2017, No. 67/2017

Assent Date:	19.12.17
Commencement Date:	Ss 10–25, 76, 77 on 20.12.17: s. 2(4)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

State Taxation Acts Amendment Act 2018, No. 22/2018

Assent Date:	13.6.18
Commencement Date:	S. 25 on 1.1.18: s. 2(2)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

Disability Service Safeguards Act 2018, No. 38/2018 (as amended by No. 19/2019)

Assent Date:	28.8.18
Commencement Date:	Ss 315, 316 on 1.7.19: Special Gazette (No. 254) 25.6.19 p. 1
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

Guardianship and Administration Act 2019, No. 13/2019

Assent Date:	4.6.19
Commencement Date:	S. 221(Sch. 1 item 26) on 1.3.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

State Taxation Acts Amendment Act 2019, No. 17/2019

Assent Date:	18.6.19
Commencement Date:	Ss 35–46 on 19.6.19: s. 2(1)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

State Taxation Acts Further Amendment Act 2019, No. 46/2019

Assent Date:	19.11.19
Commencement Date:	Ss 15−27, 29 on 20.11.19: s. 2(1)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 item 60) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

State Taxation Acts Amendment Act 2020, No. 47/2020

Assent Date:	15.12.20
Commencement Date:	Ss 37–61 on 16.12.20: s. 2
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

State Taxation and Mental Health Acts Amendment Act 2021, No. 22/2021

Assent Date:	16.6.21
Commencement Date:	Ss 20, 25–37 on 1.7.21: s. 2(1)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

Social Services Regulation Act 2021, No. 37/2021 (as amended by No. 40/2022)

Assent Date:	21.9.21
Commencement Date:	S. 395 on 1.7.24: s. 2(2)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

Windfall Gains Tax and State Taxation and Other Acts Further Amendment Act 2021, No. 52/2021

Assent Date:	30.11.21
Commencement Date:	Ss 55–64 on 1.12.21: s. 2(1)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

State Taxation and Treasury Legislation Amendment Act 2022, No. 23/2022

Assent Date:	15.6.22
Commencement Date:	Ss 17–21, 23–26 on 1.7.22: s. 2(2)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

Mental Health and Wellbeing Act 2022, No. 39/2022

Assent Date:	6.9.22
Commencement Date:	S. 843 on 1.9.23: s. 2(2)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

Residential Tenancies, Housing and Social Services Regulation Amendment (Administration and Other Matters) Act 2022, No. 40/2022

Assent Date:	6.9.22
Commencement Date:	S. 8 on 20.6.23: s. 2(4)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

Disability and Social Services Regulation Amendment Act 2023, No. 9/2023

Assent Date:	23.5.23
Commencement Date:	S. 258 on 1.7.24: s. 2(3)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

State Taxation Acts Amendment Act 2023, No. 18/2023

Assent Date:	27.6.23
Commencement Date:	Ss 25–55 on 28.6.23: s. 2(3)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

State Taxation Acts and Other Acts Amendment Act 2023, No. 38/2023 (as amended by Nos 22/2024, 50/2024)

Assent Date:	12.12.23
Commencement Date:	Ss 47, 48 on 13.12.23: s. 2(1); ss 37–46 on 1.1.24: s. 2(2); ss 25–30 on 1.1.25: s. 2(3)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

State Taxation Amendment Act 2024, No. 22/2024 (as amended by No. 50/2024)

Assent Date:	4.6.24
Commencement Date:	Ss 6–11 on 1.1.24: s. 2(3); ss 12, 13 on 1.1.25: s. 2(5)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

State Taxation Further Amendment Act 2024, No. 50/2024

Assent Date:	3.12.24
Commencement Date:	Ss 38, 42, 96 on 4.12.24: s. 2(1); ss 37, 39–41 on 1.1.25: s. 2(2)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

Help to Buy (Commonwealth Powers) Act 2025, No. 10/2025

Assent Date:	8.4.25
Commencement Date:	S. 16 on 25.6.25: Special Gazette (No. 322) 24.6.25 p. 1
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

Fire Services Property Amendment (Emergency Services and Volunteers Fund) Act 2025, No. 16/2025

Assent Date:	27.5.25
Commencement Date:	S. 22(3) on 1.7.25: s. 2
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

State Taxation Acts Amendment Act 2025, No. 24/2025

Assent Date:	24.6.25
Commencement Date:	Ss 16–18 on 25.6.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Land Tax Act 2005

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3   Explanatory details

No entries at date of publication.