Tax Alert - Reminder of changes to Vacant Residential Land Tax rules in Victoria from 1 January 2025

Lowe Lippmann Chartered Accountants

Reminder of changes to Vacant Residential Land Tax rules in Victoria from 1 January 2025


Background


Vacant residential land tax (VRLT) may apply to residential land that is vacant for more than 6 months in the preceding calendar year (ie. from 1 January 2024 to 31 December 2024). Residential land can include:

  • land with a home on it;
  • land with a home which is being renovated or where a former home has been demolished and a new home is being constructed; or
  • land with a home on it that has been uninhabitable for 2 years or more.


Residential land does not include land without a home on it (sometimes called unimproved land), commercial residential premises, residential care facilities, supported residential services or retirement villages.


The scope of what types of residential property will be exposed to the VRLT rules is being expanded over time, as follows:

The State Revenue Office (SRO) will release more information about unimproved land and VRLT in the short term.


The 6 month period of vacancy does not need to be continuous to trigger the VRLT rules.


VRLT rates & timing


For the year ending 31 December 2024, the VRLT rate is 1.0% of the capital improved value (CIV) of taxable land, which is the value of the land, buildings and any other capital improvements made to the property. The CIV is displayed on the council rates notice for the property.


Unlike land tax, there is no taxable value threshold for VRLT, which means land with a vacant residential property may be liable for VRLT regardless of its CIV.


From 1 January 2025, a progressive rate of VRLT will apply to non-exempt land with a vacant residential property and the rate is based on the number of consecutive calendar years the land has been liable for VRLT, as follows:

The use of the residential land in the calendar year ending 31 December 2024 will determine whether VRLT applies in 2025. For example, if land owned was vacant for more than 6 months during the calendar year ending 31 December 2024, the land owner must make a VRLT notification by 15 January 2025, and if any assessment is required it will be sent by the SRO during February 2025.


VRLT notifications


A land owner must lodge a VRLT notification via the SRO online portal (click here) by 15 January each year if:

  • residential land is vacant for more than 6 months during the calendar year;
  • the land is no longer vacant for more than 6 months during the calendar year;
  • an exemption applies (discussed below); or
  • an exemption ceases to apply/exemption changes.


If a land owner has made a VRLT notification in a previous year and circumstances have not changed, subsequent notification do not need to be made.


VRLT exemptions


If a property is exempt from land tax, it is also exempt from VRLT. In addition, there are four specific VRLT exemptions which apply to:

  1. holiday homes;
  2. apartments/homes/units used for work accommodation purposes;
  3. property transfers during the preceding year; and
  4. new residential land & newly developed properties where ownership is unchanged.


We will consider each exemption here and note any changes to the requirements from 1 January 2025.


VRLT exemption 1: Holiday homes

*A close relative of the owner includes a spouse or domestic partner, (grand) parents, (grand) children of owner/vested beneficiary or partner; brother, sister, niece or nephew of owner/vested beneficiary and their respective partners.


We note that use of the holiday home by friends (and not close relatives) does not count towards the 4-week occupation requirement from 1 January 2025.


VRLT exemption 2: Work accommodation


The work accommodation exemption applies to circumstances where someone may live in regional Victoria or another state or territory and maintain an apartment/townhouse to stay in while they work away from their usual home.


VRLT exemption 3: Property transfers during the preceding year


Properties that change ownership during a calendar year are exempt from VRLT in the following year.


The change of ownership must occur during the calendar year.  It is not sufficient that the property is available for sale or awaiting settlement as at 31 December of the year preceding the tax year. Importantly settlement must take place no later than 31 December.


This exemption remains unchanged after 1 January 2025.


VRLT exemptions 4: New residential land & newly developed properties where ownership is unchanged



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

Liability limited by a scheme approved under Professional Standards Legislation


July 7, 2026
High Court decision and ATO statement on Bendel’s Case The High Court recently handed down its decision in Bendel’s Case, confirming that an unpaid present entitlement (or UPE) between a discretionary trust and a beneficiary company does not fall within the extended definition of a “loan” for Division 7A purposes. The Australian Taxation Office released a Decision Impact Statement in response to the High Court findings, concluding the High Court's reasoning makes it clear that where a beneficiary company is entitled to a share of trust income that remains unpaid (a UPE) and the company takes no positive actions to call for payment of the entitlement, this will not fall within the expanded definition of a "loan" for Division 7A purposes. This is in contradiction to the ATO’s historical position that treated UPEs as "loans".
July 5, 2026
Government's tax reform package The Government has recently legislated several of the tax reform measures announced in the 2026 Federal Budget (and in later media releases). These include, among other things: Replacing the CGT discount with cost base indexation and a 30% minimum tax on gains accruing from 1 July 2027 (including gains on pre-CGT assets); Increasing the small business turnover threshold for the 50% active asset reduction from $2 million to $10 million; Limiting negative gearing for residential property to new residential dwellings from 1 July 2027 (subject to transitional rules); and Introducing the Working Australians Tax Offset from 1 July 2027, and the $1,000 instant tax deduction for work-related expenses from 1 July 2026. After a round of consultation, the Government has also announced further proposed measures, broadly including (among others): A new targeted CGT discount for investors in innovative start-ups; Barring SMSFs from utilising future limited recourse borrowing arrangements ( LRBAs ) to acquire residential property; and  Exempting income of discretionary testamentary trusts from the minimum tax proposed for trusts. We recently released a Tax Alert considering the legislation restricting SMSFFs using residential property LRBAs – to read click here . For full details of each of the 2026 Federal Budget announcements, please see our Federal Budget Tax Alert – to read click here .
June 28, 2026
Legislation restricting SMSFs using residential property LRBAs has now passed Parliament The Treasury Laws Amendment (Tax Reform No 1) Bill 2026 ( the Reform No 1 Bill ) was passed by Parliament on Thursday 25 June 2026. Schedule 5 of the Reform No 1 Bill amends section 67A of the Superannuation Industry (Supervision) Act 1993 to restrict future limited recourse borrowing arrangements ( LRBAs ) on real property to investments in “business real property” (as defined in section 66 of the SIS Act). Residential property of any kind is excluded from the definition of “business real property” in section 66 of the SIS Act. We note this also excludes newly constructed residential property, which is a distinction at odds with recent exemptions being given to new-builds with other Budget Night tax changes relating to negative gearing and restricting the CGT 50% discount. Super funds are not generally allowed to borrow for investments, but there has been a concession allowing a self-managed super fund ( SMSF ) to borrow money to buy single assets like property, if their loans were set up in line with particular requirements, known as LRBAs. This change means an SMSF will not be able to borrow to buy residential property after the start date of these changes.
More Posts