Victorian Numbered Acts
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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
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