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    ARTICLE - Australia

    Victoria’s ‘not so Secret’ State Tax Reforms

    06 Mar

    Victoria's State Tax Reforms - Introduction

    In December 2023, the Victorian Government enacted the State Taxation Acts and Other Acts Amendment Act 2023 (Vic), heralding a suite of state tax reforms with significant implications for the real estate sector and landowners engaged in leasing or licensing land for high-value infrastructure projects, including power generation facilities.

    Key Reforms and Their Impact

    Vacant Residential Land Tax Expansion

    One of the act's pivotal reforms is the expansion of the Vacant Residential Land Tax (VRLT), previously confined to inner and middle Melbourne, now extending across Victoria from 1 January 2025. This tax targets residential land vacant for more than six months within a tax year, aiming to incentivize property development and usage. From 2026, it will also encompass land zoned for residential use but remaining undeveloped for five years or more, regardless of its residential status. The VRLT rate will progressively increase from 1% to 3% based on the duration of the land's vacancy, encouraging land development and reducing speculative holding. Additionally, a three-year VRLT exemption for newly constructed residences, subject to conditions, is introduced to foster property sales post-construction.

    Land Tax Apportionment Prohibition

    Significant changes to land tax legislation now invalidate clauses in land sale contracts apportioning land tax to the purchaser, effective 1 January 2024. This prohibition, punishable by fines, aims to streamline tax liabilities and reflect them indirectly in property market prices, impacting the negotiation and structuring of land sale contracts.

    Windfall Gains Tax (WGT) Adjustments

    The amendment also addresses the WGT, levied on significant increases in land value due to rezoning. From 2024, sale contracts can no longer pass WGT liabilities from seller to buyer, a move designed to absorb these taxes into the land's sale price and streamline transaction processes.

    Inclusion of Fixtures in Capital Improved Value Assessments

    The amendment clarifies that the capital improved value of land for tax purposes includes the value of all fixtures, expanding the definition to encompass items fixed to the land by any party. This adjustment is particularly relevant for land leased or licensed for high-value infrastructure, potentially affecting tax liabilities based on the property's enhanced valuation.

    Victoria's State Tax Reforms - Conclusion

    The State Taxation Acts and Other Acts Amendment Act 2023 introduces substantial changes to Victoria's taxation landscape, with far-reaching consequences for the real estate and infrastructure sectors. By expanding the scope of VRLT, prohibiting tax apportionment in sale contracts, and refining the treatment of windfall gains tax and fixtures valuation, the legislation aims to encourage property development, ensure fair taxation practices, and reflect tax liabilities more transparently in property prices. Stakeholders in these sectors must navigate these changes carefully, considering their significant impact on investment strategies and operational decisions.

    Final thoughts

    If you have any queries about Victoria's State Tax Reforms, or Australian tax issues more generally, then please get in touch.  
    Real Estate

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