Victorian Current Acts

LAND TAX ACT 2005 - SECT 61

    (1)     Subject to subsection (2), land is exempt land in respect of a year if the Commissioner is satisfied of all the following matters—

        (a)     as at 31 December in the preceding year—

              (i)     a qualifying person in relation to the land did not continuously use and occupy the land as the qualifying person's principal place of residence; and

              (ii)     the works start date for a construction or renovation of a residence on the land has occurred; and

              (iii)     the works finish date for the construction or renovation has not occurred;

        (b)     as at 31 December in the preceding year, a qualifying person in relation to the land intends to continuously use and occupy the land as the qualifying person's principal place of residence for a period of at least 6 months commencing on or before the qualifying occupation date;

        (c)     the owner of the land did not derive any income from the land in the preceding year;

        (d)     for land on which a natural person has a right to reside—

              (i)     immediately before the natural person who has the right to reside was granted that right, the land was exempt land under section 54(1)(a) or (b); and

              (ii)     the natural person who has the right to reside is not entitled to—

    (A)     an exemption under this Division in respect of any land; or

    (B)     an exemption from land tax under a law of any other State or Territory that corresponds to this Division;

        (e)     for land other than land referred to in paragraph (d), the owner was not entitled to—

              (i)     an exemption under this Division in respect of any other land; or

              (ii)     an exemption from land tax under a law of any other State or Territory that corresponds to this Division.

S. 61(2) amended by No. 18/2023 s. 52.

    (2)     Subject to section 61I, subsection (1) does not apply for any year that is 5 years or more after the year in which the works start date occurred.

    (3)     To obtain an exemption under this section, an owner must—

        (a)     apply to the Commissioner for the exemption; and

        (b)     give the Commissioner any information the Commissioner requests for the purposes of enabling the Commissioner to determine whether the land is exempt under this section.

    (4)     If the Commissioner is satisfied as to the matters in subsection (1) with respect to only part of the land—

        (a)     land tax is assessable on the remaining part of the land, unless another exemption applies to that part; and

        (b)     section 22 applies, if necessary, for that purpose.

Note

Section 61G provides for the Commissioner to revoke an exemption under this section in certain circumstances.

S. 61A inserted by No. 23/2022 s. 21.