The current state of play: State and Territory land tax relief for Build-to-Rent (BTR) projects

Keshni Maharaj, Michelle Pham and Cameron Howe
03 May 2023 Time to read: 2 MIN

Given the persistent talk of a housing crisis in Australia, the States and Territories are under pressure to increase housing supply. As both a short-term and long-term response, a number of States and Territories have enacted various revenue measures to provide an incentive for developers to undertake BTR projects, and we have set out the land tax relief currently available in the table below. However, with State budgets still to be handed down over the coming months, and the recent announcement by the Federal Government about a reduction in the managed investment trust withholding tax rate for newly constructed BTR projects, we expect further incentives and tax reform will be announced to address the issue – watch this space.

Australian Capital Territory

Incentives: No

In force: N/A

New South Wales

Incentives: Yes

In force: From 2021 land tax year until 2024 land tax year

  • Eligible BTR properties that commence construction after 1 July 2020 are entitled to a 50% reduction in land value for land tax calculation purposes and exemptions from foreign investor duty and land tax surcharges
  • Eligibility requirements are set out in the Treasurer's Guidelines and Revenue Ruling G 014.
Northern Territory

Incentives: No

In force: N/A

Queensland

Incentives: Yes

In force: Proposed from 1 July 2023

  • Currently, only ex gratia relief from land tax and foreign investor land tax surcharge is available for Australian-based entities that are either significant developers or undertaking a significant development that adds to the supply of housing stock in Queensland.
  • The Queensland Government is proposing to introduce a 50% discount for BTR schemes containing at least 10% rental homes as affordable housing for up to 20 years, as well as a complete exemption for foreign investor land tax surcharge for up to 20 years.
  • Further information will be available following consultation with the property industry.
South Australia

Incentives: Yes

In force: From 2022-23 financial year until 2039-40 financial year

  • A 50% reduction in the land value for land tax calculation purposes will be available where the land is used as an eligible BTR project, and where construction commenced after 1 July 2021.
  • The Statutes Amendment (Budget Measures 2021) Bill 2021 was passed on 26 October 2021, however the Bill is still awaiting assent.
Tasmania

Incentives: No

In force: N/A

  • There are media reports which state that Tasmania is considering copying the NSW land tax concession for BTR schemes, however, no government announcement has been made so far.
Victoria

Incentives: Yes

In force: From 1 January 2022 until 31 December 2031

  • A land tax concession – a 50% reduction in taxable value of the land – is available on land eligible for "BTR benefits" for up to 30 years. A full exemption from the Absentee Owner Surcharge is also available.
Western Australia

Incentives: Yes

In force: Proposed from 1 July 2023

  • The WA Government has announced a 50% land tax concession for eligible large-scale BTR developments.
  • Further information will be made available once the details are finalised.

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Disclaimer
Clayton Utz communications are intended to provide commentary and general information. They should not be relied upon as legal advice. Formal legal advice should be sought in particular transactions or on matters of interest arising from this communication. Persons listed may not be admitted in all States and Territories.