Vacant Tax

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Residential property developers are expected to escape a new tax measure which prohibits deductions for expenses associated with holding vacant land.
The measure was included in the "tax integrity" initiatives in Tuesday's budget, as the federal government turned its attention to land-banking in the housing affordability consideration.
The move to abolish expenses raised concerns in the development industry that its costs for holding land could rise as a result.
However, Property Council of Australia chief executive Ken Morrison told Fairfax Media on Wednesday he had clarified the situation with the Treasurer's office.
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<div class="cq-article-content-media section">"So long as there is an operating business being undertaken on the land then this measure won't apply," Mr Morrison said.</div>
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<div class="related-quotes section">"In the vast majority of cases for development companies that will be the case, so this is not a big bogey man for the industry that some have speculated."</div>
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According to Treasury, the initiative will raise $50 million in revenue for the government over the forward four years estimates period.
"This is an integrity measure to address concerns that deductions are being improperly claimed for expenses, such as interest costs, related to holding vacant land, where the land is not genuinely held for the purpose of earning assessable income," it said in the budget papers.
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"It will also reduce tax incentives for land banking, which deny the use of land for housing or other development."
The measure is set to take effect from July 1 next year.
Treasury said the new measure will apply to land held for residential or commercial purposes.
"However, the 'carrying on a business' test will generally exclude land held for commercial development," it said.
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<div class="cq-article-content-media section">Further detail will emerge in legislation at the aim of targeting of individuals who had chosen to hold land and claimed expenses for a development that didn't eventuate.</div>
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<div class="cq-article-content-media section">Before the PCA's clarification was obtained, Frasers Property Australia chief executive Rod Fehring suggested the new tax measure that prohibits deductions for expenses associated with holding vacant land, "reflects a lack of understanding" from the federal government. <div class="cq-article-content-paras section">
"From our point or view, we can't ignore it, we have to be exempted from it, or we will have to change our business model, which is to find ways not to own land and develop it … that's the capital-efficient thing to do," Mr Fehring told Fairfax Media during Frasers Property first-half results presentation in Singapore.
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<div class="cq-article-content-media section">"It is not viable for development purposes. I don't see how adding another tax to land and housing products, that land is raw material for, will make housing more affordable."</div>
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"We pay land tax, we pay development contributions, we pay state infrastructure contributions, we pay stamp duty, we pay foreign purchasers surcharge, we pay rates, need I go on?" Mr Fehring said.
"I am not enthusiastic, it is highly counter-productive … supply will be further constrained."
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Land banking tax measures not likely to affect major residential property developers

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The Australian government, seeking to address the perceived issue of foreign buyers hoarding properties, will enact a new tax on any vacant properties owned by foreigners.
"This measure is intended to encourage foreign owners of residential property to make their properties available for rent where they are not used as a residence and so increase the number of dwellings available for Australians to live in."
The new charge will come into effect as of Tuesday night's budget and will be levied annually.
It will bring in $16.3 million over the forward estimates being monitorred by the Australian Tax Office.
There are few details on its implementation. The Victorian tax will be self-reporting. 
Julius Wei, Co-Founder and Head of Investment Analysis at BMY Group said while the plan of a ‘ghost property tax’ doesn’t come from a bad place, though the structure of taxing only foreign investors is "however missing the target." "As the locals definitely hold way more investment properties (considering the negative-gearing advantage they enjoy) than foreign buyers, the tax should apply to all vacant property holders regardless of whether they are local Australians or foreign investors. "This is again more political than directly tackling a financial and economic problem of saying we don’t welcome foreigners, despite local investors have way more influence on the property market.
"At a time when the Australian domestic demand is in deep trouble (checking today’s disastrous retail sales figures), the country should welcome foreign sources of investment, talent and buyers of its exports, not doing the opposite to shut the doors," Julius Wei said.
The Property Council of Australia chief executive Ken Morrison said the vacant property chrarge was a waste of money.
"We have not seen any evidence that the 'vacant property' issue is real," Mr Morrison said,
"It appears to be a policy seeking to solve an 'urban myth'.
Mr Morrison said that the tax "will cost more to administer than it will raise."
"This measure will not improve housing affordability one iota," he told The Australian Financial Review.
Earlier this month Property Observer reported that foreigners who leave their <a href="https://www.urban.com.au/expert-insights/69605-foreigners-who-leave-homes-vacant-could-soon-be-taxed" target="_blank">home vacant</a> could be taxed at a Federal level.
Soon after Juwai's <a href="https://www.urban.com.au/expert-insights/67279-what-victoria-s-new-vacant-property-tax-means-to-you-juwai-s-gavin-norris" target="_blank">Gavin Norris</a> reported on what the new Victoria vacant property tax means for residents.
Similarly earlier this year Property Observer reported that <a href="https://www.urban.com.au/news/66526-victoria-to-tax-owners-for-leaving-homes-vacant-as-it-tackles-housing-crisis" target="_blank">Victoria</a> was to implement a new vacant property tax to tackle its housing affordability issue.
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2017 Budget introduces 'ghost home' tax for foreign purchasers of vacant kept Australian property

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The ACT government’s budget earlier this month signalled three major changes for the property market.
The changes include extension of the land tax to all homes that are not the owner’s principal place of residence, whether they are rented or not, said lawyers Meyer Vandenberg in a note. The new tax is expected to raise an additional $2 million in revenue annually and will be implemented from July 1, 2018.
In a nutshell, it is a vacancy tax. Earlier this year, Victoria had announced a vacancy tax and the Federal Budget also announced a new <a href="https://www.urban.com.au/news/69963-2017-budget-introduces-ghost-home-tax-for-foreign-purchasers-of-vacant-kept-australian-property" target="_blank">tax on vacant properties</a> owned by foreigners in its efforts to address housing affordability.
At present, land tax is already paid by owners of residential properties that are rented, or that are owned by a company or a trust. Land tax is not paid by the owners of commercial property.
The basis for calculating land tax, and the marginal rates, will also change on 1 July 2017, said the law firm.
Another change is the stamp duty on the transfer of commercial properties. From July 1, 2018, stamp duty on the transfer of a commercial property valued at less than $1.5 million will be abolished. 
Stamp duty will be paid at a rate of 5% where a property is valued at $1.5 million or more. 
“This will mean that the majority of commercial conveyance transactions in the ACT will not be subject to stamp duty from 1 July 2018,” they said.
Also, from June 7, 2017 stamp duty rates will change for commercial and residential properties. The commercial stamp duty rate will be effectively half of the residential stamp duty rate, they said.
From July 1, the government has also changed the Lease Variation Charge (LVC) applicable to varying crown leases to limit the maximum number of residential dwellings permitted on the land. This applies where a crown lease doesn’t currently specify the maximum number of dwellings.
Currently, a variation of this type of crown lease would incur an LVC of $7,500 per dwelling for the first three dwellings, and $5,000 for each additional dwelling.
“We understand that from 1 July 2017, the new LVC will be calculated on the basis of a flat charge of $30,000 per dwelling,” the note said.
However, development applications which are formally submitted for a completeness check in eDevelopment before 30 June 2017 will incur the current (lower) LVC.
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Land tax to be levied on vacant residential properties in ACT

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A vacant residential property tax (VRPT) was introduced from 1 January 2018 in Victoria. From January 1, the new 1 per cent Vacant Residential Property Tax will apply to properties in 16 councils that are not occupied for six months of the year. The Victorian Government introduced this tax with the claim it would help address the lack of housing supply in Victoria.
If you own a property in one of the affected Melbourne council areas and it was unoccupied for six months or more between 1 May and 31 December 2017, you must notify State Revenue Victoria by 15 January 2018.
As the legislation was only introduced into the Victorian Parliament in May 2017, homes will be considered to have been occupied between 1 January and 30 April 2017. This means, for the 2017 calendar year, homes will only need to be occupied for a further two months between 1 May and 31 December to be considered to have been occupied for more than six months.
Its compliance program will look at both non-reporting of vacant properties and incorrect exemption claims.
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<li>What is the vacant residential land tax?</li>
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The vacant residential land tax (commonly referred to as the vacant residential property tax or vacancy tax) is a tax on residential properties in the inner and middle suburbs of Melbourne which are unoccupied for more than six months a year.
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<li>What is meant by "vacant"?</li>
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A property will be considered vacant if it was unoccupied for more than six months in the preceding calendar year by:
The owner, or the owner’s permitted occupier, as their principal place of residence, or
A person under a lease or short-term letting arrangement
The six months does not need to be continuous.
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<li>When does the tax start?</li>
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The tax will apply from 1 January 2018 and is based on use and occupation in the preceding year. For example, tax liabilities for the 2018 tax year will based on vacancy in 2017, tax liabilities for the 2019 tax year will based on vacancy in 2018 and so on.
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<li>Does the tax apply to all residential properties in Victoria?</li>
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No. The tax will only apply to vacant residential properties located in the following local council areas:
Banyule
Bayside
Boroondara
Darebin
Glen Eira
Hobsons Bay
Manningham
Maribyrnong
Melbourne
Monash
Moonee Valley
Moreland
Port Phillip
Stonnington
Whitehorse
Yarra
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<li>How much is the tax and how is it calculated?</li>
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This is an annual tax of 1 per cent of the capital improved value (CIV) of taxable land. For example, if the taxable land has a CIV of $500,000, the tax will be $5000, if the taxable land has a CIV of $1,000,000, the tax will be $10,000.
The CIV of a property is the value of land and buildings as determined by the general valuation process. The CIV of a property is displayed on your council rates notice. It is not always displayed on all four quarterly rates notices, but will always appear on the first notice issues in the financial year.
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<li>Are there any exemptions?</li>
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Yes. In addition to existing exemptions for land tax purposes, there will be several new exemptions which will apply to the vacant residential land tax. These include exemptions for:
Holiday homes, (see point 7 below)
City apartments/homes/units used for work purposes, (see point 8 below)
Property transfers during the year, (see point 9 below) and
New residential properties (see point 10 below)
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<li>When is a holiday home exempt?</li>
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The holiday home exemption will apply to properties which are occupied as a second home by the owner for at least four weeks in the year.
This exemption will be subject to the following conditions:
The land owner must have had a principal place of residence in Australia in the preceding year, and
The Commissioner of State Revenue must be satisfied that the property for which the exemption is being sought is a genuine holiday home
An owner will only be able to claim the exemption in respect of one holiday home in a calendar year.   
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<li>When is a residential property used for work purposes exempt?</li>
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This exemption is designed for properties owned and used by people who stay in the inner and middle suburbs of Melbourne for work purposes, but whose principal place of residence is elsewhere in Australia.
The exemption will apply to properties that are occupied for at least 140 days a year for the purpose of attending the owner’s workplace.
This exemption will be subject to the following conditions:
The land owner had a principal place of residence in Australia in the preceding tax year, and
The place of work must be in one of the specified local council areas
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<li>What if a property changes ownership during a year?</li>
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Land that changes ownership during the year will be exempt from the tax in the following calendar year. For example, if a property is sold and transferred during 2018, it will be exempt from the tax for the 2019 tax year.
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<li>What if a property is converted to residential premises during a year?</li>
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Land that becomes “residential land” during the year will not be subject to the vacant residential land tax in the following calendar year. For example, if a warehouse is converted into residential apartments during 2018, it will be exempt from the vacant residential land tax for the 2019 calendar year.
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<li>How will the SRO know if you have vacant property?</li>
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Owners of vacant residential properties located within the specified local council area will be required to notify the Commissioner of State Revenue by 15 January in each year, and provide any information that the Commissioner requests. If a property is eligible for an exemption, the land owner will be asked to notify the SRO and advise which exemption applies.
If an owner fails to make a notification by 15 January, it will be a notification default and may be subject to penalty tax under the Taxation Administration Act 1997.
The State Revenue Office will conduct monitoring and compliance activities to ensure that vacant residences are being declared as required. Their compliance program includes comparing their data with other state and federal agencies, and conducting investigations into suspected avoidance. For example they may check water usage with relevant water authorities as a lack of water usage is a good indicator that a property is vacant.
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<li>Does the tax apply to properties leased through online platforms?</li>
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Yes. If a property in one of the specified local council areas is leased through an online platform such as AIRBNB, it will be subject to the tax if it is unoccupied for more than six months in a calendar year. The six months does not need to be continuous.
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Vacant Tax

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