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…