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Succession → Costs and taxes → Land Tax
Overview — Land tax

Raymond Lim, Director, TEP Legal

Jennifer Maher, Special Counsel, Kliger Partners (Vic)

Caite Brewer, Callinan Chambers, Barrister and Angela Cornford-Scott, Director, Cornford-Scott Lawyers (Qld)

John Hockley, Barrister (WA)

Katrina Nitschke, Principal, Wills Direct (SA)

Andrew Freer, Director and Erin Bedford, Associate, KJB Law (ACT)

Land Tax
New South Wales

Landowners in New South Wales may be liable for land tax if they own land in New South Wales where the combined land value is greater than $629,000 (2018 land tax threshold as determined by the Valuer General). The amount of tax paid is $100 plus 1.6 per cent of the land value between the threshold and the premium land tax threshold ($3,846,000) and 2 per cent thereafter.

From the 2017 land tax year (effective from 31 December 2016), land tax surcharge applies to residential land owned by foreign persons at the rate of 0.75% of the taxable value of residential land owned. The surcharge will be assessed separately in relation to each parcel of land owned by the foreign person, and is payable in addition to the current land tax already payable.

Additionally, foreign persons are not entitled to a tax free threshold, which is currently at $629,000 for land tax surcharges. Further, they will also be unable to qualify for an exemption for principal place of residence. This is on top of the general rates of land tax in New South Wales and there is no tax-free threshold for the 0.75% land tax surcharge.

The new rule only applies to residential land in New South Wales. Under s 5 of the Foreign Acquisitions and Takeovers Act 1975 (Cth), a foreign person is a person that is not an Australian citizen and that person has not been in Australia for 200 or more days consecutively in the last twelve months, and is not subject to any limitations that are imposable by law.

If a deceased person owned land immediately prior to their death, it is important to understand the impact of land tax on the estate, even though the deceased may not have paid any land tax during their lifetime. This is particularly important for litigated estates because a delay in the administration of the estate (for more than two years after death) could inadvertently result in the deceased's principal place of residence being liable for land tax.

Victoria

Land tax is a tax levied by the Victorian state government on landowners in Victoria as at midnight on 31 December of each year. Landowners in Victoria may be liable for land tax if they own land in Victoria where the combined land value is greater than $250,000 (2015 land tax threshold as determined by the Valuer General).

If a deceased person owned land, it is important to understand the impact of land tax on the estate, even though the deceased may not have paid any land tax during their lifetime. This is particularly important for litigated estates where administration has been delayed which could result in the deceased's principal place of residence being liable for land tax.

Queensland

Individual landowners in Queensland may be liable for land tax if they own land in Queensland where the aggregate taxable value is greater than $600,000. Trustees may be liable for land tax if they hold land in Queensland where the aggregate value is greater than $350,000 (2012 land tax threshold as determined by the Valuer General).

If a deceased person owned land immediately prior to their death, it is important to understand the impact of land tax on the estate, even though the deceased may not have paid any land tax during their lifetime.

Western Australia

Land tax is a tax levied by the Western Australian State government on landowners in Western Australia as at midnight on 30 June in the previous financial year. Landowners in Western Australia may be liable for land tax if they own land in Western Australia where the combined land value is greater prescribed tax threshold as determined by the Valuer General. In general, landowner’s principal places of residence or land used for primary production (a farm) is exempt from land tax.

South Australia

Individual landowners in SA may be liable for land tax if they own land in SA where the aggregate taxable value is greater than $332,000 (2016/2017 land tax threshold as determined by the Valuer General).

Land that is used as a person’s principal place of residence is exempt from land tax. However, if a deceased person owned land immediately prior to their death, it is important to understand the impact of land tax on the estate, even though the deceased may not have paid any land tax during their lifetime.

Australian Capital Territory

Landowners in the ACT may be liable for land tax if they own land in the ACT that is rented. There are exceptions which include residential land owned by a trustee under a will of a deceased person and occupied by a life tenant.

If a deceased person owned land immediately prior to their death, it is important to understand the impact of land tax on the estate, even though the deceased may not have paid any land tax during their lifetime.

See Land tax.




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