Land tax for settlement of land

Discussion in 'Accounting & Tax' started by Mlee17, 9th Aug, 2020.

Join Australia's most dynamic and respected property investment community
Tags:
  1. Mlee17

    Mlee17 Well-Known Member

    Joined:
    9th Feb, 2019
    Posts:
    342
    Location:
    Southbank, VIC, 3006
    Hi all

    Bought a land and it will be settled soon. Conveyancer sent through a statement of adjustments and it seems that we are being charged land tax from date of settlement till end of the year?

    I thought we only pay land tax if it is an IP and exceeds land tax threshold. This will be a PPOR.

    Is this normal?

    Do we pay this first and then claim it back at later stage?
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    41,908
    Location:
    Australia wide
    What did you agree to?

    You won't be able to claim it back later
     
  3. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

    Joined:
    18th Jun, 2015
    Posts:
    23,494
    Location:
    Sydney
    You didnt get legal advice on the contract before signing I assume. Land tax is incurred at a point in time (eg Midnight 31/12 in NSW) and many developers will try to pass on some of the liability this way. If you agreed it is legit that you have just agreed to subsidise their land tax bill.

    You cant seek exemption for land tax assessed to other owners. For next years land tax you can claim the exemption for land INTENDED to become a future PPOR after construction
     
  4. Mlee17

    Mlee17 Well-Known Member

    Joined:
    9th Feb, 2019
    Posts:
    342
    Location:
    Southbank, VIC, 3006
    We actually did, but from memory it was a developer's contract and nothing could be changed anyways. It was signed 2 years ago.

    Yeah, according to our conveyancer, the developer has been charged land tax for 2020 which is why we need to pay the remaining balance.
     
  5. Mlee17

    Mlee17 Well-Known Member

    Joined:
    9th Feb, 2019
    Posts:
    342
    Location:
    Southbank, VIC, 3006
    we probably did agree to paying this in the contract.

    but moving forward, is this something that we not want to pay for future purchases?

    come to think of it, its kinda fair to pay for it as the vendor has sold it to us mid- year.
     
  6. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    41,908
    Location:
    Australia wide
    Your goal should be to pay as little as possible for a property!
     
    Archaon and qak like this.
  7. Mlee17

    Mlee17 Well-Known Member

    Joined:
    9th Feb, 2019
    Posts:
    342
    Location:
    Southbank, VIC, 3006
    yeap. lesson learnt. learning everyday :)
     
    Terry_w likes this.

Price Accounting provide investor + developer tax services world and Australia wide for your property and all tax issues. Contact Paul@PFI below for our new client pack and quoted pricing + client portal access. Trusts, Co and SMSF are our specialty.