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Land tax—home exemption
An owner may be eligible for a land tax exemption if they use land wholly or partly as their principal place of residence.
For detailed information about the exemption, see the following public rulings:
Use the eligibility tester below to determine if the home exemption applies.
Note: This eligibility tester is designed to help you determine if you are eligible for an exemption; however, it does not replace the formal application and assessment process.
Begin at question 1
Question 1
Is the home on a single parcel of land?
Note: A 'parcel' is an area of land that receives its own separate valuation under the Land Valuation Act 2010.
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Yes
Go to question 2
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No
The home exemption can only apply to 1 parcel of land.
Go to message 47
Question 2
Has the owner claimed the home exemption on any other parcels of land for this financial year?
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Yes
The home exemption may only be claimed on 1 parcel of land per financial year.
Go to message 47
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No
Go to question 3
Question 3
Is the dwelling on the land a permanent, fixed structure?
For example, a home, unit or townhouse. A caravan or boat on land is not a permanent, fixed structure.
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Yes
Go to question 4
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No
Go to message 47
Question 4
Is the dwelling designed for human habitation?
Note: A shed or garage (unless appropriately modified) is not designed for human habitation.
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Yes
Go to question 5
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No
Go to message 47
Question 5
The owner is a ...
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private individual (including those who are joint tenants or a tenants in common with other owners)
Go to question 21
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trust
Go to question 6
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manager of a time-sharing scheme
Go to message 47
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company
Go to message 47
Question 6
During the 6 months before the relevant 30 June ...
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all the beneficiaries of the trust lived on the land continuously, and did not live on any other land
Go to question 41
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all the beneficiaries of the trust lived on the land, but some, or all, used other land also for residential purposes
The land tax home exemption will only apply to the property that is considered to be the principal place of residence of all the beneficiaries. For more information see paragraphs 15–17 of Public Ruling LTA000.1— The land tax exemption for a home.
Go to question 7
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one or more of the beneficiaries were absent because they were receiving care (i.e. being an inpatient at a hospital, receiving care at a residential care service, or otherwise living on land they do not own while under another's care)
Go to question 13
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one or more of the beneficiaries were absent because the house on the land was demolished or renovated
Go to question 18
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some or all of the beneficiaries did not use this land for residential purposes
Go to message 47
Question 7
In the relevant financial year, was there a lease on the land the owner intends to claim the exemption for?
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Yes
Go to question 8
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No
Go to question 10
Question 8
What lettings were made?
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An allowable letting
Go to question 10
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2 allowable lettings
Go to question 9
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Another letting arrangement
Go to message 47
Question 9
Was at least one of these a family letting i.e. a lease to a member of the principal resident’s family?
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Yes
Go to question 10
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No
Go to message 47
Question 10
In the relevant financial year, did a resident work from the home on the land under an arrangement with their employer?
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Yes
Go to question 11
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No
Go to question 12
Question 11
Did the work involve using the land in a way residential land is not ordinarily used?
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Yes
The owner cannot claim the home exemption if they use the property for a substantial non-exempt purpose. However, they may be able to claim a partial home exemption if the property is used for both a residential and a non-exempt purpose.
For more information see paragraphs 17–19 of Public Ruling LTA041.1—Land tax home exemption—trustees.
Go to message 49
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No
Go to question 12
Question 12
Was the land used for any other non-residential purpose?
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Yes
The owner cannot claim the home exemption if they use the property for a substantial non-exempt purpose. However, they may be able to claim a partial home exemption if the property is used for both a residential and a non-exempt purpose.
For more information see paragraphs 17–19 of Public Ruling LTA041.1—Land tax home exemption—trustees.
Go to message 49
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No
Go to message 49
Question 13
Before they started receiving care, had the absent beneficiaries lived on the property for at least 6 months?
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Yes
Go to question 14
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No
Go to message 47
Question 14
In the financial year immediately before the relevant 30 June, did the trust receive an income from the land?
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Yes
Go to question 15
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No
Go to question 41
Question 15
Was this income from a lease, licence or other occupancy arrangement?
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Yes
Go to question 16
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No
The owner may be using the land for a substantial non-exempt purpose if the income does not come from an occupancy arrangement.
Go to message 47
Question 16
Was this arrangement for more than 6 months in the financial year?
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Yes
Go to message 47
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No
Go to question 17
Question 17
Was the income only what was reasonably needed to cover rates, maintenance expenses, and other local government charges on the land?
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Yes
Go to question 41
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No
The owner may be using the land for a substantial non-exempt purpose if the income is more than this amount.
Go to message 47
Question 18
Before vacating, did the beneficiaries use the land as their principal place of residence at some time during the 6-month period before 30 June?
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Yes
Go to question 19
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No
Go to message 47
Question 19
Do the beneficiaries intend to restart using the land as their principal place of residence before the next 30 June?
Note: If you answer yes, additional information needs to accompany the owner’s exemption claim. See paragraph 36 of Public Ruling LTA000.1— The land tax exemption for a home for more information.
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Yes
Go to question 41
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No
Go to message 47
Question 20
Does the owner ordinarily reside in Australia?
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Yes
Go to question 21
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No
Go to message 47
Question 21
During the 6 months before the relevant 30 June ...
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The owner continuously used this land for residential purposes, and did not live on any other land
Go to question 35
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The owner used both this land and other land for residential purposes
The land tax home exemption will only apply to the property that is considered to be the principal place of residence of the owner. For more information see paragraphs 15–17 of Public Ruling LTA000.1— The land tax exemption for a home.
Go to question 22
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The owner was absent for a period because they were receiving care
Go to question 28
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The owner was absent for a period because the house on the land was being demolished or renovated
Go to question 33
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The owner did not use this land for residential purposes
Go to message 47
Question 22
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Yes
Go to question 23
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No
Go to question 25
Question 23
What lettings were made?
-
An allowable letting
Go to question 25
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2 allowable lettings
Go to question 24
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Another letting arrangement
Go to message 47
Question 24
Was at least one of these a family letting i.e. a lease to a member of the principal resident’s family?
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Yes
Go to question 25
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No
Go to message 47
Question 25
In the relevant financial year, did a resident work from the home on this land under an arrangement with their employer?
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Yes
Go to question 26
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No
Go to question 27
Question 26
Did the work involve using the land in a way residential land is not ordinarily used?
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Yes
The owner cannot claim the home exemption if they use the property for a substantial non-exempt purpose. However, they may be able to claim a partial home exemption if the property is used for both a residential and a non-exempt purpose.
For more information see paragraphs 49–55 of Public Ruling LTA000.1— The land tax exemption for a home.
Go to message 48
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No
Go to question 27
Question 27
In the relevant financial year, was the land used for any other non-residential purpose?
-
Yes
The owner cannot claim the home exemption if they use the property for a substantial non-exempt purpose. However, they may be able to claim a partial home exemption if the property is used for both a residential and a non-exempt purpose.
For more information see paragraphs 49–55 of Public Ruling LTA000.1— The land tax exemption for a home.
Go to message 48
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No
Go to message 48
Question 28
Before the owner started receiving care, had they used the land for residential purposes for at least 6 months?
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Yes
Go to question 29
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No
Go to message 47
Question 29
In the financial year before the relevant 30 June, did the owner receive any income from the land?
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Yes
Go to question 30
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No
Go to question 35
Question 30
Was this income from a lease, licence or other occupancy arrangement?
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Yes
Go to question 31
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No
The owner may be using the land for a substantial non-exempt purpose if the income does not come from an occupancy arrangement.
Go to message 47
Question 31
Was this right of occupation for more than 6 months in the financial year?
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Yes
Go to message 47
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No
Go to question 32
Question 32
Was the income only what was reasonably needed to cover rates, maintenance expenses, and other local government charges on the land?
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Yes
Go to question 35
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No
The owner may be using the land for a substantial non-exempt purpose if the income is more than this amount.
Go to message 47
Question 33
Before vacating, did the owner use the land as their principal place of residence at any time within the 6 months before the relevant 30 June?
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Yes
Go to question 34
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No
Go to message 47
Question 34
Does the owner intend to restart using the land as their principal place of residence before the next 30 June?
Note: If you answer yes, the owner will need to supply additional information with their exemption claim. See paragraph 36 of Public Ruling LTA000.1.1—The land tax exemption for a home for more information.
-
Yes
Go to question 35
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No
Go to message 47
Question 35
In the relevant financial year, was there a lease on the land?
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Yes
Go to question 36
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No
Go to question 38
Question 36
What lettings were made?
-
An allowable letting
Go to question 38
-
2 allowable lettings
Go to question 37
-
Another letting arrangement
Go to message 47
Question 37
Was at least one of these a family letting i.e. a lease to a member of the principal resident’s family?
-
Yes
Go to question 38
-
No
Go to message 47
Question 38
In the relevant financial year, did a resident work from the home on this land under an arrangement with their employer?
-
Yes
Go to question 39
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No
Go to question 40
Question 39
Did the work involve using the land in a way residential land is not ordinarily used?
-
Yes
The owner cannot claim the home exemption if they use the property for a substantial non-exempt purpose. However, they may be able to claim a partial home exemption if the property is used for both a residential and a non-exempt purpose.
For more information see paragraphs 49–55 of Public Ruling LTA000.1— The land tax exemption for a home.
Go to message 48
-
No
Go to question 40
Question 40
In the relevant financial year, was the land used for any other non–residential purpose?
-
Yes
The owner cannot claim the home exemption if they use the property for a substantial non-exempt purpose. However, they may be able to claim a partial home exemption if the property is used for both a residential and a non-exempt purpose.
For more information see paragraphs 49–55 of Public Ruling LTA000.1— The land tax exemption for a home.
Go to message 48
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No
Go to message 48
Question 41
In the relevant financial year, was there a lease on the land?
-
Yes
Go to question 42
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No
Go to question 44
Question 42
What lettings were made?
-
An allowable letting
Go to question 44
-
2 allowable lettings
Go to question 43
-
Another letting arrangement
Go to message 47
Question 43
Was at least one of these a family letting i.e. a lease to a member of the principal resident’s family?
-
Yes
Go to question 44
-
No
Go to message 47
Question 44
In the relevant financial year, did a resident work from the home on this land under an arrangement with their employer?
-
Yes
Go to question 45
-
No
Go to question 46
Question 45
Did the work involve using the land in a way residential land is not ordinarily used?
-
Yes
The owner cannot claim the home exemption if they use the property for a substantial non-exempt purpose. However, they may be able to claim a partial home exemption if the property is used for both a residential and a non-exempt purpose.
For more information see paragraphs 17–19 of Public Ruling LTA041.1—Land tax home exemption—trustees.
Go to message 49
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No
Go to question 46
Question 46
In the relevant financial year, was the land used for any other non–residential purpose?
-
Yes
The owner cannot claim the home exemption if they use the property for a substantial non-exempt purpose. However, they may be able to claim a partial home exemption if the property is used for both a residential and a non-exempt purpose.
For more information see paragraphs 17–19 of Public Ruling LTA041.1—Land tax home exemption—trustees.
Go to message 49
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No
Go to message 49