Victorian Numbered Acts

LAND TAX ACT 2005 (NO 88 OF 2005)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      Transmission easement holders  
   5.      Taxation Administration Act 1997  
   6.      Act binds the Crown  

   PART 2--IMPOSITION OF LAND TAX

           Division 1--Imposition of Land Tax

   7.      General imposition of land tax  
   8.      Who is liable for land tax?  
   9.      When must land tax be paid?  

           Division 2--Owners of Land

   10.     Who is the owner of land?  
   11.     Life tenants  
   12.     Home units  
   13.     Person in possession of land deemed owner despite disposition of it  
   14.     Purchaser of land on credit or deferred payment  
   15.     Purchaser of land under contract of sale  
   16.     Vendors of land  
   17.     Mortgagees in possession  
   18.     Equitable owners  

           Division 3--What is the Taxable Value of Land?

   19.     Taxable value of land  
   20.     Prescribed indexation factors  
   21.     Use of valuations  
   22.     Taxable value of parts of land not separately valued  
   23.     Taxable value of home units not valued separately  

           Division 4--Land Tax on Transmission Easements

   24.     Imposition of land tax on transmission easements  
   25.     Who is liable for land tax on transmission easements?  
   26.     When must land tax be paid?  
   27.     What is the taxable value of a transmission easement?  
   28.     Agreements relating to the payment of tax  

           Division 5--Special Land Tax

   29.     Imposition of special land tax  
   30.     What land is subject to special land tax?  
   31.     Who is liable for special land tax?  
   32.     When does a liability for special land tax arise?  
   33.     When must special land tax be paid?  
   34.     Deferral of special land tax in certain circumstances  

   PART 3--ASSESSMENT OF LAND TAX

           Division 1--Rate of Land Tax

   35.     What is the rate of land tax?  

           Division 2--How is Land Tax Assessed?

   36.     Land tax assessed on aggregated basis  
   37.     Certain taxable land assessed separately  
   38.     Assessment of joint owners of land  
   39.     Joint assessments in the case of principal place of residence land  
   40.     Assessment of joint occupiers of land  
   41.     Assessment of joint transmission easement holders  
   42.     Assessment of owner of land on which there are home units  
   43.     Mortgagees in possession of land  
   44.     Trustees  
   45.     Certain long-term lessees of private land  
   46.     Land tax on parts of land  

           Division 3--Grouping of Related Corporations

   47.     What are "related corporations"?  
   48.     What is a "controlling interest" in a corporation?  
   49.     Further provisions for determining whether corporations are related corporations  
   50.     Grouping of related corporations  

           Division 4--General

   51.     Reassessments  

   PART 4--EXEMPTIONS AND CONCESSIONS

           Division 1--Principal Place of Residence

   52.     Definitions  
   53.     What is a principal place of residence?  
   54.     Principal place of residence exemption  
   55.     Deferral of tax on certain residential land for 6 months  
   56.     Temporary absence from principal place of residence  
   57.     Exemption continues on death of resident  
   58.     Exemption continues if land becomes unfit for occupation  
   59.     Purchase of new principal residence  
   60.     Sale of old principal residence  
   61.     Unoccupied land subsequently used as principal residence  
   62.     Partial exemption if land used for business activities  
   63.     Partial exemption or refund for trustees  

           Division 2--Primary Production Land

   64.     Definitions  
   65.     Exemption of primary production land outside greater Melbourne  
   66.     Exemption of primary production land in greater Melbourne but not in an urban zone  
   67.     Exemption of primary production land in an urban zone in greater Melbourne  
   68.     Exemption of land being prepared for use for primary production  
   69.     Application for exemption under section 66, 67 or 68  
   70.     Parcels of land  

           Division 3--Sporting, Recreational and Cultural Land

   71.     Land leased for sporting, recreational or cultural activities by members of the public  
   72.     Sporting, recreational or cultural land owned by certain non-profit organisations  
   73.     Concessional tax rate for club land  

           Division 4--Charities

   74.     Charitable institutions and purposes  

           Division 5--Accommodation

   75.     Rooming houses  
   76.     Residential care facilities and supported residential services  
   77.     Caravan parks  
   78.     Retirement villages  

           Division 6--Public, Government and Municipal Land

   79.     Crown land  
   80.     Public statutory authorities  
   81.     Municipal and public land  
   82.     Application of Division 6  

           Division 7--General Exemptions

   83.     Armed services personnel  
   84.     Friendly societies  
   85.     Land used for agricultural shows or farm field machinery days  
   86.     Mines  

           Division 8--Exemptions from Land Tax on Transmission Easements

   87.     Governor in Council may exempt  
   88.     Dispositions of transmission easements  

   PART 5--RELIEF FROM OR POSTPONEMENT OF LAND TAX

           Division 1--Preliminary

   89.     Definition  
   90.     Arrangements for payment of tax  

           Division 2--Relief

   91.     Taxpayer may apply for relief  
   92.     Relief granted by the Commissioner  
   93.     Relief granted by the Board  
   94.     Reconsideration of postponed land tax  

           Division 3--Land Tax Hardship Relief Board

   95.     Establishment and procedure  

   PART 6--SECURITY, RECOVERY AND ENFORCEMENT

           Division 1--Security for Land Tax

   96.     Land tax is a first charge on land  
   97.     Registration of charge  

           Division 2--Recovery of Land Tax

   98.     Recovery from lessee, mortgagee or occupier  

           Division 3--Prohibition on Passing On Land Tax

   99.     Prohibition on passing on land tax  
   100.    Prohibition on passing on land tax on transmission easements  

           Division 4--Tax Avoidance Schemes

   101.    What is a tax avoidance scheme?  
   102.    Anti-avoidance provision  

   PART 7--GENERAL

           Division 1--Notices of Acquisition and Land Tax Certificates

   103.    Notice of acquisition of land  
   104.    Notice of acquisition of transmission easement  
   105.    Land tax certificates  

           Division 2--General

   106.    Stating case to Supreme Court  
   107.    Regulations  

   PART 8--AMENDMENT OF TAXATION ADMINISTRATION ACT 1997

   108.    Land tax comes under the Act  
   109.    Refunds of land tax  
   110.    Disclosure of information  
   111.    Objection to valuation of Valuer-General  
   112.    Objections to value of land  
   113.    Review by VCAT  
   114.    New section 129 substituted  
   115.    Supreme Court—limitation of jurisdiction  

   PART 9--FURTHER AMENDMENTS, REPEALS AND TRANSITIONAL PROVISIONS

   116.    Repeal of Land Tax Act 1958  
   117.    Consequential amendments  
   118.    Transitional provisions  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           ENDNOTES