Blog Layout

Victorian Land Tax Relief: Frequently Asked Questions

Lowe Lippmann Chartered Accountants

 

Victorian Land Tax Relief:  Frequently Asked Questions


Both houses of Victorian Parliament has recently passed amendments to the Victorian land tax provisions and they should be passed into law next week.  

 

This amendment will ensure that if a landlord provides tenants impacted by the COVID-19 pandemic with rent relief, the landlord will be eligible for a 25% discount on land tax, with any remaining land tax able to be deferred until March 2021.

 

It is expected that land tax relief will be available from 1 May 2020 via the State Revenue Office ( SRO ) website portal.

 

Here are some frequently asked questions relating to the Victorian land tax relief concession.

 


Land Tax Relief for Land Subject to Commercial and Residential Leases


As a commercial landlord, am I eligible for the tax relief?

If you are a commercial landlord and you meet the eligibility criteria for tax relief, you can access a 25% discount on the land tax for that property, and choose to defer the balance of your assessment until 31 March 2021.

 

To be eligible, landlords must demonstrate that:

  • All or part of their property is rented or all or part of the property is currently available for lease.
  • At least one of the tenant's ability to pay their normal rent or your ability to secure a tenant is impacted by the COVID-19 pandemic.
  • You have provided rent relief to the affected tenant/s in accordance with this scheme.

 

The tenant must have an annual turnover up to $50 million and, as the landlord, you must provide evidence of the above points and evidence that your tenant is eligible for the JobKeeper Payment scheme.

 



Am I eligible as a residential landlord for the tax relief?

If you are a residential landlord and you meet the eligibility criteria for tax relief, you can access a 25% discount on the land tax for that property, and choose to defer the balance of your 2020 land tax assessment until 31 March 2021.

 

To be eligible, landlords must demonstrate that:

  • All or part of their property is rented or all or part of the property is currently available for lease.
  • At least one of the tenant's ability to pay their normal rent or your ability to secure a tenant is affected by the COVID-19 pandemic.
  • You have provided rent relief to the affected tenant/s in accordance with this scheme.

 



What if I can't find a tenant because of COVID-19?

This relief is also available to land owners who are unable to secure a tenant (residential or commercial) because of COVID-19.  

 

How much rent relief do I need to provide on relevant property to get the 25% land tax reduction?

For residential and commercial landlords, the rent reduction (in dollar terms) must be at least 25% of the 2020 proportional land tax for that property.

 

Eligible landlords will be able to apply for the land tax reduction via the "My Land Tax" page at the SRO website ( https://www.sro.vic.gov.au/ ) from Friday 1 May 2020.


 


Eligible Land Owners can defer their 2020 Land Tax Payment


Who is eligible for a deferral?

Land owners that have at least one taxable non-residential property and total taxable landholdings below $1 million.   Non-residential property includes commercial property, industrial property, and vacant land (excluding vacant residential land).

 

How do I know if I am eligible?

The SRO will contact all eligible taxpayers in relation to this measure.   You do not need to do anything at this stage.

 


How long can I defer payment?

Your 2020 land tax payment can be deferred until after 1 January 2021 and will need to be paid in full by 31 March 2021.

 

What if I have already paid my 2020 land tax?

You can request a return of the tax paid.  The tax will need to be paid in full by 31 March 2021.  The SRO will contact all eligible land owners and provide further information, including how to request the return of your payment.  You do not need to do anything at this stage.

 

 


Does this measure apply to residential properties?

The measure applies to a land owner that owns at least one non-residential property and total taxable landholdings below $1 million.   Eligible land owners can defer their entire assessment, which may include residential land.

 

How do I find my total taxable landholding?

Your property information, including your total taxable landholding, is available via the "My Land Tax" page at the SRO website ( https://www.sro.vic.gov.au ).



Please do not hesitate to contact your Lowe Lippmann Relationship Partner if you wish to discuss any of these matters further.

 

February 19, 2025
Will credit card surcharges be banned? If credit card surcharges are banned in other countries, why not Australia? This alert looks at the surcharge debate and the payment system complexity that has brought us to this point. In the United Kingdom, consumer credit and debit card surcharges have been banned since 2018. In Europe, all except American Express and Diners Club consumer surcharges are banned. And in Australia, there is a push to follow suit. But is the issue as simple as it seems?
February 17, 2025
Is there a problem paying your super when you die? The Government has announced its intention to introduce mandatory standards for large superannuation funds to, amongst other things, deliver timely and compassionate handling of death benefits. Do we have a problem with paying out super when a member dies? The value of superannuation in Australia is now around $4.1 trillion. When you die, your super does not automatically form part of your estate but instead, is paid to your eligible beneficiaries by the fund trustee according to the fund rules, superannuation law, and any death benefit nomination you made. Complaints to the Australian Financial Complaints Authority ( AFCA ) about the handling of death benefits surged sevenfold between 2021 and 2023. The critical issue was delays in payments. While most super death benefits are paid within 3 months, for others it can take well over a year. The super laws do not specify a time period only that super needs to be paid to beneficiaries “as soon as practicable” after the death of the member.
February 13, 2025
Why the ATO is targeting babyboomer wealth “Succession planning, and the tax risks associated with it, is our number one focus in 2025. In recent years we’ve observed an increase in reorganisations that appear to be connected to succession planning.” ATO Private Wealth Deputy Commissioner Louise Clarke The Australian Taxation Office ( ATO ) thinks that wealthy babyboomer Australians, particularly those with successful family-controlled businesses, are planning and structuring to dispose of assets in a way in which the tax outcomes might not be in accord with the ATO’s expectations. If you are within the ATO’s Top 500 (Australia's largest and wealthiest private groups) or Next 5,000 (Australian residents who, together with their associates, control a net wealth of over $50 million) programs, expect the ATO to be paying close attention to how money flows through the entities you control. A critical issue for many business owners is how to effectively (and compliantly) benefit from a successful business. In many cases, the owners have spent years building the business and the business has become not only a substantial asset, but a lucrative source of income either through salary and wages, dividends, or through the sale of shares or assets. Generally, under tax law, you can legitimately structure assets if there is a good reason to do so - like for asset protection, but if you tip across the line and the only viable reason for a structure is to reduce tax, then you risk the ATO taking a very close look at your operations or worse, denying any tax benefits under the general anti-avoidance rules in Part IVA of the tax rules, designed to combat “blatant, artificial or contrived” tax avoidance activities.  “We’re seeing that succession planning behaviour is primarily done by group heads who are approaching retirement. They typically own groups that family members are a part of, and wealth is transferred to the next generation to keep it within the family (via trusts and other means),” ATO Private Wealth Deputy Commissioner Louise Clarke said in a recent update.
More Posts
Share by: