Everything you need to know about the new vacant property tax in Victoria

Did you know there was a tax on vacant land in Victoria?

The Victorian Government introduced this tax to help address the lack of housing supply in Victoria and applies to homes in inner and middle Melbourne that were vacant for more than six months in the preceding calendar year.

And the six months do not need to be continuous.

Now this tax is different to land tax, the absentee owner surcharge and the federal annual vacancy fee.

Where does it apply?

Vacant homes in the following council areas may be affected:

• 
  Banyule
• Bayside
• Boroondara
• Darebin
• Glen Eira
• Hobsons Bay
• Manningham
• Maribyrnong
• Melbourne
• Monash
• Moonee Valley
• Moreland
• Port Phillip
• Stonnington
• Whitehorse
• Yarra

How much is the tax?

This annual tax is set at 1 per cent of the capital improved value (CIV) of taxable land.

For example, if a vacant home has a CIV of $500,000, the tax will be $5000.

The CIV of a property is a value of the land, buildings and any other capital improvements made to the property as determined by the general valuation process.

You’ll find it displayed on the council rates notice for the property.

You can find a calculator to calculate this tax here

What is residential property or residential land?

Residential property as it applies to this tax is land that is able to be used solely or primarily for residential purposes, such as a home or an apartment.

It also includes land on which a residence is being renovated or where a former residence has been demolished and a new residence is being constructed.

It does not include vacant land, commercial residential premises, residential care facilities, supported residential services or retirement villages.

What does ‘vacant’ mean?

A property is considered vacant if, for more than six months in the preceding calendar year, it has not been lived in by:

• The owner, or the owner’s permitted occupier, as their principal place of residence (PPR), or
• A person under a lease or short-term letting arrangement made in good faith.

The occupation does not need to be by the same occupant or for a single continuous period

It is not enough that the property is available for occupation, such as by listing on a short term rental website.

It must actually have been used and occupied for more than six months.

It is not enough for the property to be used intermittently or on a casual basis by friends or family of the owner.

The use and occupation must be either as a principal place of residence or subject to a bona fide lease or letting arrangement.

Exemptions

Homes that are exempt from land tax are also exempt from vacant residential land tax.

In addition, homes that are unoccupied for more than six months of the preceding calendar year may be exempt from the tax if:

• Ownership of the property changed during that year. For example, a property sold and transferred during 2019 is exempt for the 2020 tax year.
• The property became a ‘residential’ property during that year.
• The property was used as a holiday home and occupied by the owner for at least four weeks of that year (homes owned by companies, associations or organisations are generally not eligible for this exemption).
• The property was occupied by the owner for at least 140 days of that year for the purpose of attending their workplace (homes owned by companies, associations or organisations are generally not eligible for this exemption).

Notification requirements

If you own a property that was unoccupied for more than six months during a calendar year, you are required to notify the Victorian State Revenue Office  (SRO) about the property by 15 January of the following year using their online portal.

Owners who miss the deadline are encouraged to notify the SRO about vacant property as soon as possible.

Late disclosures are treated more favourably than vacant properties identified through an investigation.

Failing to tell the SRO that you own vacant residential property is a notification default under the Taxation Administration Act 1997.

When this happens, you will be liable for penalty tax on the amount assessed in accordance with our revenue ruling on penalty tax and interest.

This may be penalty tax of:

• 5 per cent if you voluntarily tell the SRO about your vacant residential properties before we start an investigation,
• 20 per cent if you tell the SRO about your vacant residential properties after we start an investigation, and
• Up to 90 per cent if the SRO believe that you intentionally disregarded the law and hindered their investigation.

The portal allows owners or their representatives to claim an exemption from the tax, change their contact details, and nominate a representative to receive future correspondence about the tax.

Source: State Revenue Office

from Property UpdateProperty Update https://propertyupdate.com.au/everything-you-need-to-know-about-the-new-vacant-property-tax-in-victoria/