Land Tax - Property Clearance Certificate 2024
Major
Victorian Property Tax Changes effective from 1st January 2024
Land
Tax-Property Clearance Certificate:
- The new law prevents the adjustment of land
tax between a vendor and purchaser in contracts for the sale of land
from 1 January 2024.
- A change to the original Bill confirms it
does not apply to contracts entered on or before 31 December 2023, that
settle on or after 1 January 2024.
- It does not apply to contracts where the
consideration exceeds $10 million (to be indexed).
- An adjustment clause will be unenforceable
(unless the transitional provisions apply).
- Prosecution and potential penalties can
apply (currently $11,540 for individuals and $57,5700 for corporations)
for breaches of the new law.
Windfall
Gains Tax:
- From 1 January 2024 the new law
prevents the passing on or adjustment of a windfall gains tax (‘WGT’)
liability, that has been assessed, on the subsequent sale of that land.
- The intention is that WGT liability, once
assessed, will be reflected in the sale price, and not dealt with as an
adjustment.
- Prosecution and potential penalties can
apply (currently $11,540 for individuals and $57,700 for corporations) for
breaches of the new law.
- These changes do not apply to contracts (and
compliant options) entered on or before 31 December 2023, that settle on
or after 1 January 2024.
Vacant
residential Land Tax (VRLT):
- VRLT is expanded from existing limited
council areas in inner Melbourne to all land in Victoria.
- In general terms a property is ‘vacant’ if
it has not been occupied for 6 months in the previous year.
- There are some exemptions that may apply
such as a holiday home, but conditions apply for all exemptions.
- Properties that are ‘vacant’ (basically not
occupied for 6 months in the previous year) will be taxed a minimum of 1%
and up to 3% of the CIV (Capital Improved Value, not the land value).
- It is an ongoing annual tax and paid in
addition to land tax.
- The rate of tax will increase if the
property is vacant for consecutive years (1% first year, 2% second year
and 3% third year) to a maximum of 3%.
- The new tax starts 1 January 2025, but is
based on occupancy
from 1 January 2024, so effectively starts 1 January 2024.
Unimproved
residential Land:
- From 1 January 2026 the VLRT will apply to
unimproved residential land in Melbourne (specific local council areas)
that are capable of but have remained undeveloped for 5 years.
- The intention is that land capable of
development cannot sit vacant without attracting the VRLT.
For more information Visit https://www.sro.vic.gov.au