Tax Tip 69: Land Tax on Trust owned property in VIC and PPOR exemption

Discussion in 'Accounting & Tax' started by Terry_w, 27th Oct, 2015.

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  1. Terry_w

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

    9th Jun, 2006
    Australia wide
    I often say VIC has some of the best stamp duty laws in the country. They also have some good land tax provisions too.

    Note if operating a business from the property see s 62

    If a property is owned by the trustee of a discretionary or a unit trust a land tax exemption may be available if a beneficiary of the trust is residing in the property. This comes under s46H Land Tax Act 2005 (VIC) see

    For the exemption to apply, the trustee must nominate a beneficiary, called the 'nominated PPR beneficiary'.

    The beneficiary must
    • be a natural person
    • be a beneficiary or unit holder of the trust
    The Trustee must make a nomination to the Commissioner on the appropriate form and the nomination only takes effect for the tax year it is lodged (no previous years).

    If the above conditions are met then the land tax payable is effected by s46I
    This section gives a concessional rate of land tax if the property is occupied as the PPOR of the nominated PPR beneficiary. that is the normal land tax rates of part 1 schedule 1 apply.

    Note that there is also a trap for young players as 'beneficiary' of a discretionary trust has a special definition sound under s3: