State Taxation Acts Amendment Act 2019 (Vic)
State Taxation Acts Amendment Act 2019
No. 17 of 2019
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Duties Act 2000
Division 1—Public unit trust schemes
3Definitions—public unit trust scheme
4Conversion of a private unit trust scheme to a public unit trust scheme
Division 2—Fixtures
5Definitions—fixtures
6What is dutiable property?
7Aggregation of certain dutiable transactions
8New sections 57FA and 57FB inserted
Division 3—Economic entitlements in relation to land and landholders
9Definitions—economic entitlement
10New Part 4B inserted in Chapter 2
11What are land holdings?
12New section 72A inserted
13Acquisition of economic entitlement
Division 4—Foreign purchasers
14Foreign purchasers—duty in respect of change of use of land
15Rate for additional duty chargeable for foreign purchasers—residential property
Division 5—Motor vehicle duty
16Definitions—motor vehicle duty
17What is the rate of duty?
18Licensed motor car traders—trading stock, demonstrator vehicles and driver education
19Primary producer vehicles
20Duty on statement of change of use
Division 6—Corporate reconstructions
21Amendment of headings—corporate reconstructions
22What is a corporate group?
23What is an eligible transaction—corporate reconstructions
24Concession and exemptions for certain transactions arising out of corporate reconstruction
25Sections 250C and 250D repealed
26What is an eligible transaction—corporate consolidations
27Concession for certain transactions arising out of corporate consolidation
28Sections 250DE and 250DF repealed
29Section 250DI substituted
30Sections 250DJ and 250DK repealed
31Division 2 of Part 2 of Chapter 11 repealed
Division 7—Transfers of commercial and industrial land in regional Victoria
32New Division 5A inserted in Part 5 of Chapter 2
33Duty concession—anomalous duty outcome
Division 8—Transitional arrangements
34New clauses 45 to 55 inserted in Schedule 2
Part 3—Amendment of Land Tax Act 2005
Division 1—Principal place of residence exemption
35Principal place of residence exemption
Division 2—Absentee owner surcharge
36What is the rate of land tax?
37Land tax surcharge for absentee trusts
38Land tax for absentee fixed trust if beneficial interests notified to Commissioner
39Land tax for absentee unit trust scheme if unitholdings notified to Commissioner
40Land tax for beneficiary/trustees
41Land tax for PPR land if nominated PPR beneficiary
42Land tax surcharge for related absentee corporations
43Rate of land tax on land held by absentee owners for 2017, 2018 and 2019
44New clause 4.3 of Schedule 1 inserted
45Rate of land tax on land held by owner subject to an absentee trust for 2017, 2018 and 2019
46New clause 5.3 of Schedule 1 inserted
Part 4—Amendment of Payroll Tax Act 2007
Division 1—Regional employers
47Meaning of regional employer
48Repeal of section 12A
Division 2—Parental leave
49Definitions—domestic partner and spouse
50Division 4 of Part 4 substituted
51Groups arising from tracing of interests in corporations
52New Division 2A inserted in Part 3 of Schedule 2
53New clause 20 inserted in Schedule 3
Division 3—Amendment of thresholds and tax rates
54Thresholds
55Tax rates for regional employers
Part 5—Amendment of Valuation of Land Act 1960
56Definitions
57Supplementary valuation
58Determination of objection
59Grounds of review or appeal
Part 6—Repeal of this Act
60Repeal of this Act
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Endnotes
1 General information
State Taxation Acts Amendment Act 2019
No. 17 of 2019
[Assented to 18 June 2019]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to amend the Duties Act 2000 in relation to—
(i)public unit trust schemes; and
(ii)fixtures; and
(iii)economic entitlements in relation to land and landholders; and
(iv)foreign purchasers; and
(v)motor vehicle duty; and
(vi)corporate reconstructions; and
(vii)transfers of certain commercial and industrial land in regional Victoria; and
(b)to amend the Land Tax Act 2005 in relation to—
(i)the principal place of residence exemption; and
(ii)the absentee owner surcharge; and
(c)to amend the Payroll Tax Act 2007 in relation to—
(i)regional employers; and
(ii)parental leave; and
(iii)certain rates and thresholds; and
(d)to amend the Valuation of Land Act 1960 in relation to the valuation of heritage land.
2Commencement
(1)This Act (except Divisions 4, 5, 6 and 7 of Part 2 and Part 4) comes into operation on the day after the day on which it receives the Royal Assent.
(2)Divisions 4, 5, 6 and 7 of Part 2 and Part 4 come into operation on 1 July 2019.
Part 2—Amendment of Duties Act 2000
Division 1—Public unit trust schemes
3Definitions—public unit trust scheme
In section 3(1) of the Duties Act 2000, in the definition of public unit trust scheme, for "is, or was at any time, a wholesale unit trust scheme or eligible for registration as such" substitute "is a wholesale unit trust scheme".
4Conversion of a private unit trust scheme to a public unit trust scheme
(1)In the heading to section 89B of the Duties Act 2000, after "scheme" (where first occurring) insert "or wholesale unit trust scheme".
(2)In section 89B(1) of the Duties Act 2000, after "scheme" (where first occurring) insert "or wholesale unit trust scheme".
(3)In section 89B(3) of the Duties Act 2000, after "scheme" (where first occurring) insert "or wholesale unit trust scheme".
Division 2—Fixtures
5Definitions—fixtures
In section 3(1) of the Duties Act 2000—
(a)insert the following definition—
"tenant's fixtures has the meaning given by section 22A(3);";
(b)for the definition of land-related interest substitute—
"land-related interest means dutiable property referred to in section 10(1)(a), (ab), (ac), (ad) or (e);".
6What is dutiable property?
(1)After section 10(1)(ac) of the Duties Act 2000 insert—
"(ad)an interest in fixtures that is created, dealt with or held separately from an estate or interest in the land on which the fixtures are located;".
(2)After section 10(2) of the Duties Act 2000 insert—
"(3)In this section—
fixtures means—
(a)anything that constitutes a fixture at law; or
(b)any other items fixed to land, including tenant's fixtures.".
7Aggregation of certain dutiable transactions
(1)In section 24(1) of the Duties Act 2000, after "10(1)(a)" (where twice occurring) insert ", (ad)".
(2)At the foot of section 24(1) of the Duties Act 2000 insert—
"Notes
1 See section 57FB for the calculation of duty on an aggregation of dutiable transactions in relation to an interest in fixtures referred to in section 10(1)(ad) and dutiable transactions in relation to land other than the land on which the fixtures are located.
2 See section 64C for the calculation of duty on an aggregation of dutiable transactions in relation to eligible transfers (within the meaning of section 64A) if duty on at least one of the transactions is subject to a reduction of duty under section 64B and at least one of the transactions is either not an eligible transfer or is an eligible transfer subject to a reduction in duty calculated on a different percentage.".
(3)After section 24(1) of the Duties Act 2000 insert—
"(1A)Subsection (1)(a) does not apply in the case of an arrangement that comprises one or more dutiable transactions that relate to dutiable property referred to in section 10(1)(ad).".
8New sections 57FA and 57FB inserted
After section 57F of the Duties Act 2000 insert—
"57FA Dealing with fixtures separately from land
(1)No duty is chargeable under this Chapter on a dutiable transaction in relation to dutiable property referred to in section 10(1)(ad) if the unencumbered value of the fixtures to which the dutiable property relates does not exceed $2 000 000.
(2)If the unencumbered value of the fixtures to which dutiable property referred to in section 10(1)(ad) relates exceeds $2 000 000 but does not exceed $3 000 000, duty is chargeable on a dutiable transaction in relation to the dutiable property, subject to subsection (3), in accordance with the following formula—
where—
Ais the unencumbered value of the fixtures to which dutiable property referred to in section 10(1)(ad) relates;
Bis the duty that, apart from this subsection, would be chargeable on the dutiable transaction under this Chapter.
(3)This section does not apply if the dutiable transaction in relation to dutiable property referred to in section 10(1)(ad) is part of an arrangement that includes a dutiable transaction in relation to any estate or interest in the land on which the fixtures are located.
57FBCalculation of duty for aggregated transactions involving fixtures and land
(1)This section applies to the aggregation under section 24(1) of—
(a)one or more dutiable transactions in relation to dutiable property referred to in section 10(1)(ad) if the total unencumbered value of the fixtures to which the dutiable property relates does not exceed $3 000 000; and
(b)one or more dutiable transactions in relation to land other than land on which the fixtures to which the dutiable property referred to in section 10(1)(ad) are located.
(2)The duty chargeable on the aggregated dutiable transactions is the sum of—
(a)the duty (if any) that would be chargeable on the dutiable transaction or transactions in relation to dutiable property referred to in section 10(1)(ad) in accordance with section 57FA, assuming they were the only dutiable transactions being aggregated; and
(b)the duty that would be chargeable on the other dutiable transactions in the aggregation, assuming they were the only dutiable transactions being aggregated.".
Division 3—Economic entitlements in relation to land and landholders
9Definitions—economic entitlement
In section 3(1) of the Duties Act 2000, for the definition of economic entitlement substitute—
"economic entitlement—
(a)in Part 4B of Chapter 2, has the meaning given by section 32XC(1); and
(b)in Part 2 of Chapter 3, has the meaning given by section 81(2);".
10New Part 4B inserted in Chapter 2
After Part 4A of Chapter 2 of the Duties Act 2000 insert—
"Part 4B—Acquisition of economic entitlements in relation to relevant land
32XAApplication of Part
This Part applies if a person acquires an economic entitlement in relation to relevant land other than by a transaction that is a dutiable transaction apart from this Part.
32XBDefinition
In this Part—
relevant land means dutiable property referred to in section 10(1)(a), (ab), (ac) or (ad).
32XCWhat is an economic entitlement?
(1)For the purposes of this Part, a person acquires an economic entitlement if—
(a)an arrangement is made in relation to relevant land that has an unencumbered value that exceeds $1 000 000; and
(b)under that arrangement the person is or will be entitled, whether directly or through another person, to any one or more of the following—
(i)to participate in the income, rents or profits derived from the relevant land;
(ii)to participate in the capital growth of the relevant land;
(iii)to participate in the proceeds of sale of the relevant land;
(iv)to receive any amount determined by reference to subparagraphs (i), (ii) or (iii);
(v)to acquire any entitlement described in subparagraph (i), (ii), (iii) or (iv).
(2)It is immaterial whether or not the person who acquires the economic entitlement is a party to the arrangement by which it is acquired.
(3)For the avoidance of doubt, a person may acquire an economic entitlement by any means, including, but not limited to, the creation of the economic entitlement or the transfer of the economic entitlement to the person.
32XDEconomic entitlement taken to be beneficial ownership of relevant land
(1)A person who acquires an economic entitlement in relation to relevant land is taken to have acquired beneficial ownership of the relevant land and, subject to this Part, duty is chargeable under this Chapter accordingly.
(2)For the purposes of subsection (1), the beneficial ownership of the relevant land that a person is taken to have acquired is a percentage determined under section 32XE.
32XECalculation of percentage of beneficial ownership taken to have been acquired
(1)Subject to subsection (2), the beneficial ownership acquired under an economic entitlement is the percentage of the total of all entitlements referred to in section 32XC(1)(b)(i), (ii), (iii), (iv) or (v) (as the case requires) that the person is or will be entitled to receive or acquire under the economic entitlement.
(2)The beneficial ownership acquired under an economic entitlement is 100% if—
(a)the arrangement under which the economic entitlement is acquired does not specify the percentage of the economic entitlement referred to in subsection (1); or
(b)the arrangement under which the economic entitlement is acquired, in addition to specifying the percentage of the economic entitlement referred to in subsection (1), includes any other entitlement of, or amount payable to, the person or an associated person; or
(c)the arrangement under which the economic entitlement is acquired entitles the person or an associated person to 2 or more of the entitlements referred to in section 32XC(1)(b)(i), (ii), (iii), (iv) and (v).
(3)Despite subsection (2), the Commissioner may determine a lesser percentage than the percentage referred to in that subsection in any particular case if the Commissioner considers it appropriate in the circumstances.
32XFDutiable value of relevant land to which an economic entitlement relates
Despite section 20, the dutiable value of relevant land to which an economic entitlement relates is the unencumbered value of the relevant land at the time that the economic entitlement is acquired.
32XGPhasing-in of duty
If the unencumbered value of relevant land in relation to which an economic entitlement is acquired exceeds $1 000 000 but does not exceed $2 000 000, duty is chargeable under this Chapter in accordance with the following formula—
where—
Ais the unencumbered value of the relevant land;
Bis the duty that, apart from this section, would be chargeable under this Chapter on the acquisition of the economic entitlement.
32XHAggregation of dutiable transactions
Section 24(2) does not apply in relation to the aggregation of dutiable transactions under section 24 if any of the dutiable transactions subject to aggregation are dutiable transactions because of this Part.
32XIReduction of duty on subsequent transfer of relevant land to person holding economic entitlement
The amount of duty payable on a transfer of relevant land to a person who, before the transfer, held an economic entitlement in relation to the relevant land is to be reduced by the amount of duty the person paid under this Part in respect of the acquisition of the relevant entitlement to the extent that, after the transfer, the beneficial ownership of the relevant land represented by the economic entitlement is held as a result of the transfer rather than under the arrangement giving rise to the economic entitlement.".
11What are land holdings?
For section 72(1) of the Duties Act 2000 substitute—
"(1)For the purposes of this Part, a land holding is—
(a)an interest in land other than the estate or interest of a mortgagee, chargee, or other secured creditor or a profit à prendre; or
(b)dutiable property referred to in section 10(1)(ad); or
(c)an interest in relevant land taken to be beneficially owned under section 32XD.".
12New section 72A inserted
After section 72 of the Duties Act 2000 insert—
"72A Land holdings of unit trust schemes where section 32XD applies
(1)A land holding that is taken to be beneficially owned by a trustee of a unit trust scheme under section 32XD is taken to be a land holding of the scheme if the trustee holds the interest on trust in the capacity as trustee of the scheme.
(2)A land holding that is taken to be beneficially owned by a custodian or other agent of a trustee of a unit trust scheme under section 32XD is taken to be a land holding of the scheme if the custodian or other agent holds the interest as a custodian or agent of the trustee of the scheme.".
13Acquisition of economic entitlement
(1)In the heading to section 81 of the Duties Act 2000, after "entitlement" insert "in relation to private landholder".
(2)In section 81(2) of the Duties Act 2000—
(a)paragraphs (b), (c) and (d) are repealed;
(b)in paragraph (e) omit ", (b), (c) or (d)";
(c)in paragraph (f) omit ", (b), (c), (d)".
(3)For section 81(3) and (4) of the Duties Act 2000 substitute—
"(3)The interest acquired under an economic entitlement is the proportion of the total dividends or income of the private landholder that the person is entitled to receive or acquire under the economic entitlement.".
Division 4—Foreign purchasers
14Foreign purchasers—duty in respect of change of use of land
In section 18A(3) of the Duties Act 2000—
(a)in paragraph (b)—
(i)after "2016" insert "but before 1 July 2019";
(ii)for "transferred." substitute "transferred; or";
(b)after paragraph (b) insert—
"(c)if the foreign purchaser forms the intention on or after 1 July 2019—8% of the dutiable value of the interest at the time that it was transferred.".
15Rate for additional duty chargeable for foreign purchasers—residential property
In section 28A(2) of the Duties Act 2000, for "7%" substitute "8%".
Division 5—Motor vehicle duty
16Definitions—motor vehicle duty
In section 3(1) of the Duties Act 2000 insert the following definitions—
"green car means a passenger car that is of a model that has combined tailpipe carbon dioxide emissions of less than 120 grams per kilometre;
primary producer means a person—
(a)engaged solely or substantially in agricultural, horticultural, viticultural, dairying, pastoral or other like activities; or
(b)who is the holder of a licence under the Fisheries Act 1995 to take fish for sale;
primary producer passenger car means a passenger car that is—
(a)registered or to be registered in the name of a person who is a primary producer; and
(b)used or to be used primarily in the business of the person as a primary producer;
service demonstrator vehicle means a motor vehicle that is—
(a)used for the purposes of the sale of another vehicle of the same class; and
(b)made available without charge by a licensed motor car trader to a customer of the trader for use while the customer's motor vehicle is being serviced;".
17What is the rate of duty?
For section 218(1) of the Duties Act 2000 substitute—
"(1)The rate of duty on an application for registration or transfer of registration of a motor vehicle that is a passenger car is as set out in the Table.
TABLE
Item
Motor vehicleRate of duty per $200, or part, of the dutiable value of the motor vehicle 1 Green car $8.40 2 Primary producer passenger car $8.40 3 Other passenger car the dutiable value of which does not exceed the luxury car tax threshold $8.40 4 Other passenger car the dutiable value of which exceeds the luxury car tax threshold but does not exceed $100 000 $10.40 5 Other passenger car the dutiable value of which exceeds $100 000 but does not exceed $150 000 $14.00 6 Other passenger car the dutiable value of which exceeds $150 000 $18.00 (1A)The rate of duty on an application for registration of a motor vehicle that is not a passenger car is—
(a)if the motor vehicle has not previously been registered in Victoria or elsewhere—$5.40 per $200, or part, of the dutiable value of the motor vehicle; or
(b)if the motor vehicle has previously been registered in Victoria or elsewhere—$8.40 per $200, or part, of the dutiable value of the motor vehicle.
(1B)The rate of duty on an application for transfer of registration of a motor vehicle that is not a passenger car is $8.40 per $200, or part, of the dutiable value of the motor vehicle.".
18Licensed motor car traders—trading stock, demonstrator vehicles and driver education
(1)Insert the following heading to section 231 of the Duties Act 2000—
"Licensed motor car traders—trading stock, demonstrator vehicles, service demonstrator vehicles and driver education".
(2)In section 231(2)(a) of the Duties Act 2000—
(a)for "either or both" substitute "one or more";
(b)in subparagraph (ii), for "vehicle; or" substitute "vehicle;";
(c)after subparagraph (ii) insert—
"(iii)the use of the motor vehicle as a service demonstrator vehicle; or".
19Primary producer vehicles
In section 233(5) of the Duties Act 2000 the definition of primary producer is repealed.
20Duty on statement of change of use
(1)For section 238(2) of the Duties Act 2000 substitute—
"(2)Within 14 days after there is a change in the predominant use of a motor vehicle of the kind referred to in subsection (1), the registered operator of the vehicle must lodge with the Commissioner a statement of the change in use and pay duty at the rate set out in the Table.
TABLE
Item
Motor vehicleRate of duty per $200, or part, of the dutiable value of the motor vehicle 1 Green car $8.40 2 Primary producer passenger car $8.40 3 Other passenger car the dutiable value of which does not exceed the luxury car tax threshold $8.40 4 Other passenger car the dutiable value of which exceeds the luxury car tax threshold but does not exceed $100 000 $10.40 5 Other passenger car the dutiable value of which exceeds $100 000 but does not exceed $150 000 $14.00 6 Other passenger car the dutiable value of which exceeds $150 000 $18.00 7 Motor vehicle that is not a passenger car $8.40
".
(2)In section 238(3)(a) and (4) of the Duties Act 2000, for "subsection (2)(b)" substitute "subsection (2)".
Division 6—Corporate reconstructions
21Amendment of headings—corporate reconstructions
(1)In the heading to Chapter 11 of the Duties Act 2000, after "exemptions" insert "and concessions".
(2)In the heading to Division 1 of Part 2 of Chapter 11 of the Duties Act 2000, for "exemption" substitute "concession and exemptions".
(3)In the heading to Division 1A of Part 2 of Chapter 11 of the Duties Act 2000, for "exemption" substitute "concession".
22What is a corporate group?
In section 250(1) of the Duties Act 2000—
(a)in the definition of parent corporation, in paragraph (b), for "subsidiary;" substitute "subsidiary.";
(b)the definition of relevant corporate group is repealed.
23What is an eligible transaction—corporate reconstructions
In section 250A of the Duties Act 2000, in the definition of eligible transaction—
(a)after paragraph (b) insert—
"(ba)the granting of a lease referred to in section 7(1)(b)(v) by one member of a corporate group to another member of the group; or
(bb)the transfer or assignment of a lease referred to in section 7(1)(b)(va) from one member of a corporate group to another member of the group; or";
(b)in paragraph (c), for "to register" substitute "referred to in section 214(1) for the registration or transfer of registration of".
24Concession and exemptions for certain transactions arising out of corporate reconstruction
(1)In the heading to section 250B of the Duties Act 2000, for "Exemption" substitute "Concession and exemptions".
(2)For section 250B(1), (2) and (3) of the Duties Act 2000 substitute—
"(1)Subject to this section, the duty chargeable on an eligible transaction is 10% of the duty that would otherwise be chargeable under this Act on the eligible transaction.
(2)No duty is chargeable on an eligible transaction to the extent that—
(a)duty is chargeable on an earlier eligible transaction in relation to the same dutiable property; and
(b)the earlier eligible transaction occurred within 30 days of the eligible transaction; and
(c)each of the transactions is between members of the same corporate group.
(3)For the purposes of subsection (2), if either or both of the eligible transactions referred to in that subsection is a relevant acquisition, a reference to dutiable property in relation to the relevant acquisition is a reference to the land holdings of the landholder in which the relevant acquisition is made.
(3A)No duty is chargeable under this Act on an eligible transaction that is an application for the registration or transfer of registration of a motor vehicle if—
(a)duty is chargeable on an earlier eligible transaction that is an application for the registration or transfer of registration of the same motor vehicle; and
(b)the earlier eligible transaction occurred within 30 days of the eligible transaction; and
(c)each of the transactions is between members of the same corporate group.".
(3)In section 250B(4) of the Duties Act 2000—
(a)for "exemptions granted and refunds made" substitute "concessions and exemptions";
(b)in paragraph (a)—
(i)omit "relevant";
(ii)for "an exemption or refund" substitute "a concession or exemption";
(c)in paragraph (b), for "exemption and the amount of any refund" substitute "concession or exemption".
25Sections 250C and 250D repealed
Sections 250C and 250D of the Duties Act 2000 are repealed.
26What is an eligible transaction—corporate consolidations
In section 250DC(1) of the Duties Act 2000—
(a)after paragraph (b) insert—
"(ba)the granting of a lease referred to in section 7(1)(b)(v) by one member of a corporate group to another member of the group; or
(bb)the transfer or assignment of a lease referred to in section 7(1)(b)(va) from one member of a corporate group to another member of the group; or";
(b)in paragraph (c), for "to register" substitute "referred to in section 214(1) for the registration of a motor vehicle or for the transfer of registration of".
27Concession for certain transactions arising out of corporate consolidation
(1)In the heading to section 250DD of the Duties Act 2000, for "Exemption" substitute "Concession".
(2)For section 250DD(1) of the Duties Act 2000 substitute—
"(1)The duty chargeable on an eligible transaction is 10% of the duty that would otherwise be chargeable under this Act on the eligible transaction.".
(3)Section 250DD(2), (3) and (4) of the Duties Act 2000 are repealed.
(4)In section 250DD(5) of the Duties Act 2000—
(a)for "exemptions granted and refunds made" substitute "concessions";
(b)in paragraph (a), for "an exemption or refund" substitute "a concession";
(c)in paragraph (b), for "exemption and the amount of any refund" substitute "concession".
28Sections 250DE and 250DF repealed
Sections 250DE and 250DF of the Duties Act 2000 are repealed.
29Section 250DI substituted
For section 250DI of the Duties Act 2000 substitute—
"250DI Concession for relevant acquisitions
The duty chargeable on a relevant acquisition to which section 83 applies made by an exchanging member in the course of, or as a result of, a roll-over, is 10% of the duty that would otherwise be chargeable under this Act on the relevant acquisition if—
(a)the shares or units in the stapled entities to which the roll-over relates are listed; or
(b)the Commissioner is satisfied that the shares or units in the stapled entities to which the roll-over relates are intended to be listed within 3 years from the date of the relevant acquisition.".
30Sections 250DJ and 250DK repealed
Sections 250DJ and 250DK of the Duties Act 2000 are repealed.
31Division 2 of Part 2 of Chapter 11 repealed
Division 2 of Part 2 of Chapter 11 of the Duties Act 2000 is repealed.
Division 7—Transfers of commercial and industrial land in regional Victoria
32New Division 5A inserted in Part 5 of Chapter 2
After Division 5 of Part 5 of Chapter 2 of the Duties Act 2000 insert—
"Division 5A—Commercial and industrial land in regional Victoria
64ADefinitions
In this Division—
AVPCC means an Australian Valuation Property Classification Code based on the Valuation Best Practice Specifications Guidelines;
eligible transfer means a transfer of dutiable property referred to in section 10(1)(a) or (ad) that—
(a)is wholly in regional Victoria; and
(b)the transferee intends to use solely or primarily for a qualifying use;
qualifying use means a land use described in an AVPCC in the following ranges—
(a)210 to 299;
(b)310 to 499;
regional Victoria has the same meaning as in section 18(8) of the First Home Owner Grant Act 2000;
Valuation Best Practice Specifications Guidelines has the same meaning as in the Valuation of Land Act 1960.
64BReduction in duty in relation to eligible transfers
The duty chargeable under section 28(1) on an eligible transfer the contract, arrangement or agreement for which was entered into on a date referred to in column 2 of the following Table is to be reduced by the percentage set out in column 3 opposite that date.
TABLE
Column 1
Item
Column 2
Date contract, arrangement or agreement for eligible transfer was entered into
Column 3
Percentage
1 On or after 1 July 2019 but before 1 July 2020 10% 2 On or after 1 July 2020 but before 1 July 2021 20% 3 On or after 1 July 2021 but before 1 July 2022 30% 4 On or after 1 July 2022 but before 1 July 2023 40% 5 On or after 1 July 2023 50% 64CCalculation of duty for certain aggregated transactions
(1)The duty chargeable in the case of transactions that are aggregated under section 24(1) is to be calculated under this section if—
(a)at least one of the dutiable transactions is an eligible transfer subject to a reduction of duty under section 64B; and
(b)at least one of the dutiable transactions is—
(i)a dutiable transaction that is not an eligible transfer; or
(ii)an eligible transfer that is subject to a reduction in duty under section 64B calculated on a different percentage to the eligible transfer referred to in paragraph (a).
(2)The duty chargeable on aggregated transactions referred to in subsection (1) is the sum of the duty for each dutiable transaction, where the duty for each dutiable transaction is calculated in accordance with the following formula—
where—
Dis the amount of duty that is payable for each dutiable transaction;
Ais the duty that would be chargeable on the aggregated transactions, without taking into account any reduction in duty under section 64B;
Bis the dutiable value of the dutiable transaction;
Cis the total dutiable value of all dutiable transactions that are aggregated;
Ris—
(a)if the dutiable transaction is an eligible transfer—the relevant percentage in the Table set out in section 64B, expressed as a fraction; or
(b)if the dutiable transaction is not an eligible transfer—0.
64DElection to receive reduction or other concession or exemption
(1)A transferee who, but for this section, would be entitled in respect of an eligible transfer to a reduction in duty under section 64B and any other exemption or concession from duty under this Act, must, by notice in writing to the Commissioner, elect to receive—
(a)the reduction in duty under section 64B; or
(b)the other exemption or concession from duty under this Act.
(2)A transferee referred to in subsection (1) who elects to receive the other exemption or concession under this Act or who does not make an election under this section is not entitled to the reduction in duty under section 64B in respect of the eligible transfer.
64EUse requirement
A reduction in duty under section 64B is subject to the requirement that the land is used solely or primarily for a qualifying use for a continuous period of at least 12 months commencing within the 2-year period immediately after the transferee became entitled to possession of the land.
64FVariation of use requirement
If satisfied that there is a good reason for doing so, the Commissioner may—
(a)reduce the required period of qualifying use; or
(b)determine that a temporary cessation of qualifying use does not break the continuity of the qualifying use; or
(c)extend the period in which qualifying use must begin.
64GLiability for duty if use requirement not complied with
(1)If the use requirement for an eligible transfer is not complied with—
(a)the eligible transfer is chargeable with duty at the rate set out in section 28(1) as if section 64B does not apply, subject to any exemption or concession other than in this Division; and
(b)the Commissioner may reassess duty on the transfer accordingly.
(2)A liability for duty imposed because of subsection (1) on an eligible transfer arises when the use requirement for that transfer is not complied with.
Note
Section 16 provides that a tax default does not occur if the duty is paid within 30 days after the liability for the duty arises.
(3)A reassessment referred to in subsection (1)(b) is authorised if more than 5 years have passed since the initial assessment was made.
Note
Section 9(3)(c) of the Taxation Administration Act 1997 allows a reassessment to be made more than 5 years after the initial assessment if this is authorised by a taxation law.
64HTransferee to notify Commissioner of change in circumstances
(1)A transferee who has received a reduction of duty under section 64B must lodge a written notice with the Commissioner within 30 days after becoming aware of any circumstances that may result in the use requirement not being complied with.
(2)A failure of a transferee to comply with subsection (1) does not affect the Commissioner's power to reassess duty under section 64G or to exercise a discretion under section 64F.".
33Duty concession—anomalous duty outcome
After section 89E(1) of the Duties Act 2000 insert—
"(1A)For the purposes of subsection (1)(b), in determining the duty that would have been payable under Chapter 2, no account is to be taken of any reduction in duty under Division 5A of Part 5 of that Chapter.".
Division 8—Transitional arrangements
34New clauses 45 to 55 inserted in Schedule 2
After clause 44 of Schedule 2 to the Duties Act 2000 insert—
"45 State Taxation Acts Amendment Act 2019—public unit trust schemes
Section 89B does not apply to a wholesale unit trust scheme that becomes a public unit trust scheme if the wholesale unit trust scheme would not have become a public unit trust scheme had the amendments made by Division 1 of Part 2 of the State Taxation Acts Amendment Act 2019 not come into operation.
46State Taxation Acts Amendment Act 2019—fixtures
The amendments made by Division 2 of Part 2 of the State Taxation Acts Amendment Act 2019 do not apply to a dutiable transaction that occurs on or after the commencement of that Division under an arrangement made before that commencement.
47State Taxation Acts Amendment Act 2019—economic entitlements
The amendments made by Division 3 of Part 2 of the State Taxation Acts Amendment Act 2019 do not apply in relation to an arrangement made before the commencement of that Division.
48State Taxation Acts Amendment Act 2019—rate for foreign purchaser duty
Section 28A, as in force immediately before 1 July 2019, continues to apply in respect of any dutiable transaction entered into on or after 1 July 2016 but before 1 July 2019 under which a land-related interest in residential property is transferred to a foreign purchaser.
49State Taxation Acts Amendment Act 2019—agreements and arrangements for significant interest foreign purchaser acquisitions
(1)This clause applies if—
(a)a foreign purchaser entered into an agreement or arrangement on or after 1 July 2016 but before 1 July 2019 for the acquisition of an interest in a landholder that holds a land-related interest in residential property; and
(b)the acquisition, when made, is an acquisition of an interest referred to in section 78(1)(a)(i).
(2)Despite anything in this Act, if any duty is chargeable under Part 2 of Chapter 3 and is required to be calculated in accordance with section 86(1), that duty must be calculated in accordance with that subsection but using the rate specified under this Act that would have applied if the acquisition of the interest was made on the day the agreement or arrangement was entered into by the foreign purchaser.
50State Taxation Acts Amendment Act 2019—agreements and arrangements for aggregated significant interest foreign purchaser acquisitions
(1)This clause applies if—
(a)a foreign purchaser entered into an agreement or arrangement on or after 1 July 2016 but before 1 July 2019 for the acquisition of an interest in a landholder that holds a land-related interest in residential property; and
(b)the acquisition, when made, is an acquisition of an interest referred to in section 78(1)(a)(ii), or after it is made, becomes an interest of that kind.
(2)Despite anything in this Act, if any duty is chargeable under Part 2 of Chapter 3 and is required to be calculated in accordance with section 86(3), that duty must be calculated in accordance with that subsection but using the rate specified under this Act that would have applied if the acquisition of the interest was made on the day the agreement or arrangement was entered into by the foreign purchaser.
51State Taxation Acts Amendment Act 2019—agreements and arrangements for foreign purchaser acquisitions of further interests
(1)This clause applies if—
(a)a foreign purchaser entered into an agreement or arrangement on or after 1 July 2016 but before 1 July 2019 for the acquisition of an interest in a landholder that holds a land-related interest in residential property; and
(b)the acquisition, when made, is an acquisition of a further interest in the landholder referred to in section 78(1)(b).
(2)Despite anything in this Act, if any duty is chargeable under Part 2 of Chapter 3 and is required to be calculated in accordance with section 86(4), that duty must be calculated in accordance with that subsection but using the rate specified under this Act that would have applied if the acquisition was made on the day the agreement or acquisition was entered into by the foreign purchaser.
52State Taxation Acts Amendment Act 2019—corporate reconstructions
(1)The old provisions apply in respect of an eligible transaction (within the meaning of section 250A as in force immediately before 1 July 2019) if the agreement or arrangement for the eligible transaction was entered into before 1 July 2019.
(2)Without limiting subclause (1), the Commissioner may—
(a)on application, grant an exemption under the old provisions in respect of an eligible transaction the agreement or arrangement for which was entered into before 1 July 2019; and
(b)revoke or deal with the exemption under the old provisions as if they had not been amended by the State Taxation Acts Amendment Act 2019.
(3)Despite the State Taxation Acts Amendment Act 2019, an exemption granted by the Commissioner under the old provisions that is in effect immediately before 1 July 2019—
(a)continues in effect on and after that day; and
(b)the old provisions continue to apply to the exemption.
(4)In this clause—
old provisions means Division 1 of Part 2 of Chapter 11 as in force immediately before 1 July 2019.
53State Taxation Acts Amendment Act 2019—corporate consolidations
(1)The old provisions apply in respect of an eligible transaction (within the meaning of section 250DC as in force immediately before 1 July 2019) if the agreement or arrangement for the eligible transaction was entered into before 1 July 2019.
(2)Without limiting subclause (1), the Commissioner may—
(a)on application, grant an exemption under the old provisions in respect of an eligible transaction the agreement or arrangement for which was entered into before 1 July 2019; and
(b)revoke or deal with the exemption under the old provisions as if they had not been amended by the State Taxation Acts Amendment Act 2019.
(3)Despite the State Taxation Acts Amendment Act 2019, an exemption granted by the Commissioner under the old provisions that is in effect immediately before 1 July 2019—
(a)continues in effect on and after that day; and
(b)the old provisions continue to apply to the exemption.
(4)In this clause—
old provisions means Division 1A of Part 2 of Chapter 11 as in force immediately before 1 July 2019.
54State Taxation Acts Amendment Act 2019—exchange of stapled ownership interests for ownership interests in a unit trust scheme
(1)The old provisions apply in respect of a relevant acquisition to which section 83 applies made in the course of, or as a result of, a roll-over (within the meaning of section 250DH) if the agreement or arrangement for the relevant acquisition was entered into before 1 July 2019.
(2)Without limiting subclause (1), the Commissioner may—
(a)on application, grant an exemption under the old provisions in respect of a relevant acquisition to which section 83 applies made in the course of, or as a result of, a roll-over (within the meaning of section 250DH) the agreement or arrangement for which was entered into before 1 July 2019; and
(b)revoke or deal with the exemption under the old provisions as if they had not been amended by the State Taxation Acts Amendment Act 2019.
(3)Despite the State Taxation Acts Amendment Act 2019, an exemption granted by the Commissioner under the old provisions that is in effect immediately before 1 July 2019—
(a)continues in effect on and after that day; and
(b)the old provisions continue to apply to the exemption.
(4)In this clause—
old provisions means Division 1B of Part 2 of Chapter 11 as in force immediately before 1 July 2019.
55State Taxation Acts Amendment Act 2019—penalties and interest under Division 2 of Part 2 of Chapter 11
Despite the repeal of Division 2 of Part 2 of Chapter 11 by the State Taxation Acts Amendment Act 2019, that Division as in force immediately before 1 July 2019 continues to apply in relation to any exemption that is revoked—
(a)under Division 1, 1A or 1B of Part 2 of Chapter 11 as in force immediately before 1 July 2019; or
(b)under Division 1, 1A or 1B of Part 2 of Chapter 11 as continued under clauses 52, 53 or 54.".
Part 3—Amendment of Land Tax Act 2005
Division 1—Principal place of residence exemption
35Principal place of residence exemption
(1)For section 54(3) of the Land Tax Act 2005 substitute—
"(3)In addition to land of an owner that is used and occupied as a person's principal place of residence (the PPR land), land is also exempt land if—
(a)the land is owned by the owner of the PPR land; and
(b)the land is contiguous with the PPR land or separated from the PPR land only by a road or railway or other similar area across or around which movement is reasonably possible; and
(c)the land enhances the PPR land; and
(d)the land is used solely for the private benefit and enjoyment of the person who uses and occupies the PPR land and has been so used—
(i)since 1 July in the year preceding the tax year; or
(ii)if the owner or trustee became the owner of the land on or after 1 July in the year preceding the tax year, so used and occupied since a later date during that year; and
(e)the land does not contain a separate residence; and
(f)both the land and the PPR land are wholly in regional Victoria.
(3A)In addition to land of an owner that is used and occupied as a person's principal place of residence (the PPR land), land is also exempt land if—
(a)the land is owned by the owner of the PPR land; and
(b)the land and the PPR land are both units in the same strata subdivision; and
(c)the land is used primarily for one or both of the following purposes—
(i)parking a motor vehicle;
(ii)a storage facility; and
(d)the land does not contain a separate residence; and
(e)the land is used for the purposes specified in paragraph (c) by the person who uses and occupies the PPR land and has been so used—
(i)since 1 July in the year preceding the tax year; or
(ii)if the owner or trustee became the owner of the land on or after 1 July in the year preceding the tax year, so used and occupied since a later date during that year.".
(2)After section 54(4) of the Land Tax Act 2005 insert—
"(5)In this section—
regional Victoria has the same meaning as in section 18(8) of the First Home Owner Grant Act 2000;
strata subdivision has the same meaning as in the Transfer of Land Act 1958.".
Division 2—Absentee owner surcharge
36What is the rate of land tax?
In section 35(1A) of the Land Tax Act 2005, for "6∙5%" substitute "7%".
37Land tax surcharge for absentee trusts
(1)In section 46IA(1) of the Land Tax Act 2005, in the first formula set out in that subsection, for "1∙5%" substitute "2%".
(2)In section 46IA(1A) of the Land Tax Act 2005, in the first formula set out in that subsection, for "1∙5%" substitute "2%".
38Land tax for absentee fixed trust if beneficial interests notified to Commissioner
(1)In section 46IB(1)(b)(ii) of the Land Tax Act 2005, in the formula set out in that subparagraph, for "1∙5%" substitute "2%".
(2)In section 46IB(3)(b) of the Land Tax Act 2005, in the first formula set out in that paragraph, for "1∙5%" substitute "2%".
(3)In section 46IB(4)(a) of the Land Tax Act 2005, in the formula set out in that paragraph, for "1∙5%" substitute "2%".
39Land tax for absentee unit trust scheme if unitholdings notified to Commissioner
(1)In section 46IC(1)(b)(ii) of the Land Tax Act 2005, in the formula set out in that subparagraph, for "1∙5%" substitute "2%".
(2)In section 46IC(3)(b) of the Land Tax Act 2005, in the first formula set out in that paragraph, for "1∙5%" substitute "2%".
(3)In section 46IC(4)(a) of the Land Tax Act 2005, in the formula set out in that paragraph, for "1∙5%" substitute "2%".
40Land tax for beneficiary/trustees
(1)In section 46ID(3)(a) of the Land Tax Act 2005, in the formula set out in that paragraph, for "1∙5%" substitute "2%".
(2)In section 46ID(5)(a) of the Land Tax Act 2005, in the formula set out in that paragraph, for "1∙5%" substitute "2%".
41Land tax for PPR land if nominated PPR beneficiary
In section 46IF(2A)(a)(ii) and (b) of the Land Tax Act 2005, in the formulas set out in those paragraphs, for "1∙5%" substitute "2%".
42Land tax surcharge for related absentee corporations
In section 50A(2) of the Land Tax Act 2005, in the formula set out in that subsection, for "1∙5%" substitute "2%".
43Rate of land tax on land held by absentee owners for 2017, 2018 and 2019
(1)In the heading to clause 4.2 of Schedule 1 to the Land Tax Act 2005, for "2017 and subsequent years" substitute "2017, 2018 and 2019".
(2)In clause 4.2 of Schedule 1 to the Land Tax Act 2005, for "2017 and each subsequent year" substitute "2017, 2018 and 2019".
44New clause 4.3 of Schedule 1 inserted
In Part 4 of Schedule 1 to the Land Tax Act 2005, after clause 4.2 insert—
"4.3 Rate of land tax on land held by absentee owners for 2020 and subsequent years
The rate of land tax on land held by an absentee owner for 2020 and each subsequent year is set out in Table 4.3.
TABLE 4.3
ItemColumn 1
Taxable value not less than
Column 2
Taxable value less than
Column 3
Rate of land tax$ $ 1 0 250 000 Nil 2 250 000 600 000 $5275 and 2×2% of the taxable value that exceeds $250 000 3 600 000 1 000 000 $12 975 and 2×5% of the taxable value that exceeds $600 000 4 1 000 000 1 800 000 $22 975 and 2×8% of the taxable value that exceeds $1 000 000 5 1 800 000 3 000 000 $45 375 and 3×3% of the taxable value that exceeds $1 800 000 6 3 000 000 $84 975 and 4×25% of the taxable value that exceeds $3 000 000
".
45Rate of land tax on land held by owner subject to an absentee trust for 2017, 2018 and 2019
(1)In the heading to clause 5.2 of Schedule 1 to the Land Tax Act 2005, for "2017 and subsequent years" substitute "2017, 2018 and 2019".
(2)In clause 5.2 of Schedule 1 to the Land Tax Act 2005, for "2017 and each subsequent year" substitute "2017, 2018 and 2019".
46New clause 5.3 of Schedule 1 inserted
In Part 5 of Schedule 1 to the Land Tax Act 2005, after clause 5.2 insert—
"5.3 Rate of land tax on land held by owner subject to an absentee trust for 2020 and subsequent years
The rate of land tax for land held by an owner subject to an absentee trust for 2020 and each subsequent year is set out in Table 5.3.
TABLE 5.3
ItemColumn 1
Taxable value not less than
Column 2
Taxable value less than
Column 3
Rate of land tax$ $ 1 0 25 000 Nil 2 25 000 250 000 $582 and 2×375% of the taxable value that exceeds $25 000 3 250 000 600 000 $5926 and 2×575% of the taxable value that exceeds $250 000 4 600 000 1 000 000 $14 938 and 2×875% of the taxable value that exceeds $600 000
5 1 000 000 1 800 000 $26 438 and 3×175% of the taxable value that exceeds $1 000 000 6 1 800 000 3 000 000 $51 838 and 2×7614% of the taxable value that exceeds $1 800 000 7 3 000 000 $84 975 and 4×25% of the taxable value that exceeds $3 000 000
".
Part 4—Amendment of Payroll Tax Act 2007
Division 1—Regional employers
47Meaning of regional employer
(1)For section 3A(1) of the Payroll Tax Act 2007 substitute—
"(1)A regional employer is an employer who meets the requirements specified in subsection (2).".
(2)The note at the foot of section 3A of the Payroll Tax Act 2007 is repealed.
48Repeal of section 12A
Section 12A of the Payroll Tax Act 2007 is repealed.
Division 2—Parental leave
49Definitions—domestic partner and spouse
(1)In section 3 of the Payroll Tax Act 2007 insert the following definitions—
"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);
spouse of a person means a person to whom the person is married;".
(2)At the end of section 3 of the Payroll Tax Act 2007 insert—
"(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.".
50Division 4 of Part 4 substituted
For Division 4 of Part 4 of the Payroll Tax Act 2007 substitute—
"Division 4—Parental leave
53Parental leave
Wages are exempt wages as provided for in Division 2A of Part 3 of Schedule 2.".
51Groups arising from tracing of interests in corporations
(1)In section 73(4) of the Payroll Tax Act 2007, the definition of domestic partner is repealed.
(2)Section 73(5) of the Payroll Tax Act 2007 is repealed.
52New Division 2A inserted in Part 3 of Schedule 2
After Division 2 of Part 3 of Schedule 2 to the Payroll Tax Act 2007 insert—
"Division 2A—Parental leave
17AMeaning of primary caregiver and secondary caregiver
(1)For the purposes of this Division—
(a)the primary caregiver for a child is—
(i)in the case of a child yet to be born, the person who is pregnant with the child; or
(ii)otherwise, the parent of the child who has the principal role of providing care and attention to the child; and
(b)the secondary caregiver for a child is a spouse, or domestic partner, of a primary caregiver for the child.
(2)For the purposes of this Division there can only be one primary caregiver for a child at any one time.
17BParental leave
(1)Wages are exempt wages if they are paid or payable to an employee in respect of leave for the employee's role as primary caregiver or secondary caregiver for a child (other than sick leave, recreation leave, annual leave or any similar leave).
(2)It is immaterial whether the leave is taken before or after the child is born or, in the case of adoption, before or after the child is adopted.
(3)The exemption is limited to wages paid or payable in respect of a maximum of 14 weeks leave in relation to any one child.
(4)In subclause (3)—
(a)a reference to 14 weeks leave includes a reference to an equivalent period of leave at a reduced rate of pay; and
(b)a reference to wages paid or payable in respect of a period of leave is a reference to the total wages that would normally have been paid or payable for that period of leave.
Example
For a part-time employee, the exemption may apply to wages paid or payable for leave that extends to 28 weeks at half of the part-time rate of pay that would normally apply to the employee.
(5)The exemption does not apply to any part of wages paid or payable in respect of leave for the employee's role as primary caregiver or secondary caregiver that comprises a fringe benefit.
17CAdministrative requirements for exemption
(1)An employer wishing to claim an exemption under this Division for an employee in respect of leave for the employee's role as a primary caregiver must obtain and keep a statutory declaration by the employee stating—
(a)that the employee is a primary caregiver for a child; and
(b)that the employee—
(i)is pregnant with the child; or
(ii)was pregnant with the child and the date of birth of the child; or
(iii)is the parent of the child who has the principal role of providing care and attention to the child.
(2)An employer wishing to claim an exemption under this Division for an employee in respect of leave for the employee's role as a secondary caregiver must obtain and keep a statutory declaration by the employee stating—
(a)that the employee is a secondary caregiver for a child; and
(b)that the employee is a spouse, or domestic partner, of the person who is the primary caregiver for the child.
Note
Section 55 of the Taxation Administration Act 1997 requires these records to be kept for at least 5 years unless the Commissioner of State Revenue authorises earlier destruction.".
53New clause 20 inserted in Schedule 3
After clause 19 of Schedule 3 to the Payroll Tax Act 2007 insert—
"20 State Taxation Acts Amendment Act 2019
(1)The exemption under Division 2A of Part 3 of Schedule 2 does not apply to wages paid to an employee on or after 1 July 2019 in respect of any period of leave taken by the employee before that date.
(2)The exemption under Division 4 of Part 4 continues to apply despite its repeal to wages paid to an employee on or after 1 July 2019 in respect of any period of leave taken by the employee before that date.".
Division 3—Amendment of thresholds and tax rates
54Thresholds
(1)For section 86(6)(c) of the Payroll Tax Act 2007 substitute—
"(c)for the financial year commencing on 1 July 2018, 2019 or 2020—$12 500 per week;
(d)for the financial year commencing on 1 July 2021—$12 980 per week;
(e)for the financial year commencing on 1 July 2022 and each subsequent financial year—$13 461 per week.".
(2)In clause 1 of Schedule 1 to the Payroll Tax Act 2007, in the definition of TA or threshold amount, for paragraph (d) substitute—
"(d)for the financial year commencing on 1 July 2018, 2019 or 2020—$650 000;
(e)for the financial year commencing on 1 July 2021—$675 000;
(f)for the financial year commencing on 1 July 2022 and each subsequent financial year—$700 000.".
(3)In clause 1A of Schedule 2 to the Payroll Tax Act 2007, in the definition of base deductible amount, for paragraph (c) substitute—
"(c)for a month in the financial year commencing on 1 July 2018, 2019 or 2020—$54 166;
(d)for a month in the financial year commencing on 1 July 2021—$56 250;
(e)for a month in the financial year commencing on 1 July 2022 and each subsequent financial year—$58 333.".
55Tax rates for regional employers
(1)In clause 1 of Schedule 1 to the Payroll Tax Act 2007, in the definition of R, for paragraph (f) substitute—
"(f)for the financial year commencing on 1 July 2018 or 1 July 2019—
(i)2·425% in the case of a regional employer; and
(ii)4·85% in any other case;
(g)for the financial year commencing on 1 July 2020—
(i)2·02% in the case of a regional employer; and
(ii)4·85% in any other case;
(h)for the financial year commencing on 1 July 2021—
(i)1·62% in the case of a regional employer; and
(ii)4·85% in any other case;
(i)for the financial year commencing on 1 July 2022 or any subsequent financial year—
(i)1·2125% in the case of a regional employer; and
(ii)4·85% in any other case.".
(2)In clause 2 of Schedule 2 to the Payroll Tax Act 2007—
(a)in paragraph (f)—
(i)after "2018" insert "and before 1 July 2020";
(ii)in subparagraph (ii), for "case." substitute "case;";
(b)after paragraph (f) insert—
"(g)for wages paid or payable on or after 1 July 2020 and before 1 July 2021—
(i)2·02% in the case of a regional employer; and
(ii)4·85% in any other case;
(h)for wages paid or payable on or after 1 July 2021 and before 1 July 2022—
(i)1·62% in the case of a regional employer; and
(ii)4·85% in any other case;
(i)for wages paid or payable on or after 1 July 2022—
(i)1·2125% in the case of a regional employer; and
(ii)4·85% in any other case.".
Part 5—Amendment of Valuation of Land Act 1960
56Definitions
Section 2(8) and (9) of the Valuation of Land Act 1960 are repealed.
57Supplementary valuation
Sections 13DF(2)(g) and 13L(2)(f) of the Valuation of Land Act 1960 are repealed.
58Determination of objection
After section 21(7) of the Valuation of Land Act 1960 insert—
"(8)Despite section 14(2) of the Interpretation of Legislation Act 1984, on an objection to the site value of any land contained in a general valuation or supplementary valuation as at 1 January 2018 or any later date, including an objection on foot at the commencement of this subsection, no account is to be taken of section 2(8) or (9) (as in force at the date of the valuation)—
(a)by the valuer to whom the objection is referred in determining whether an adjustment in the site value is justified; or
(b)by the valuer-general in determining whether a recommended adjustment in the site value is correct.".
59Grounds of review or appeal
After section 24(2) of the Valuation of Land Act 1960 insert—
"(3)Despite section 14(2) of the Interpretation of Legislation Act 1984, on a review or appeal in relation to the site value of any land contained in a general valuation or supplementary valuation as at 1 January 2018 or any later date, including a review or appeal on foot at the commencement of this subsection, no account is to be taken by VCAT or the Court (as the case requires) of section 2(8) or (9) (as in force at the date of the valuation) in determining the correct site value of the land.".
Part 6—Repeal of this Act
60Repeal of this Act
This Act is repealed on 1 July 2020.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 28 May 2019
Legislative Council: 30 May 2019
The long title for the Bill for this Act was "A Bill for an Act to amend the Duties Act 2000, the Land Tax Act 2005, the Payroll Tax Act 2007 and the Valuation of Land Act 1960 and for other purposes."
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