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Owner types and thresholds

The owner of the land at midnight 30 June is liable to pay land tax. The owner is usually the person listed on the Certificate of Title. This includes every person who is entitled to be registered as the owner on the title.

You may pay land tax if the total taxable value of land you own in Queensland at midnight 30 June exceeds the relevant threshold.

The threshold and land tax rate that will apply depends on which of the following categories you belong in:

  • residents (people who usually live in Australia)
  • absentees (people who do not usually live in Australia or an external territory)
  • companies (includes clubs, associations and societies)
  • trustees (includes trustees of deceased persons' estates).

Residents

An Australian resident is a person who ordinarily lives in Australia. Residents may need to pay land tax if the total taxable value of the freehold land owned is $600,000 or more.

This land is assessed separately to any land the resident owns as trustee or as a director of a company.

Certain exemptions may apply.

Absentees

An absentee is a person who does not ordinarily live in Australia or an external territory (such as Norfolk Island). Absentees may be liable for land tax if the total taxable value of the freehold land is $350,000 or more.

You will be assessed as an absentee for land tax if, on 30 June, you are either living overseas or have been away from Australia for more than 6 months in total during the last financial year before that date.

Note: If you are an absentee, you cannot claim a home exemption unless you can prove that you ordinarily live in Australia.

Working overseas

You may still be considered to ordinarily live in Australia if you are overseas for work. For this to apply, you must:
  • be a public officer of the Commonwealth or of a State who is absent in the performance of your duties

    or

  • have been working for your employer in Australia for at least 1 continuous year before you go overseas and are directed by that employer to continue working for them overseas.

If you work overseas for more than 5 years, you must notify us within 28 days. We will then reassess you as an absentee for your time overseas.

Complete a Form LT16—Absentee/resident status declaration (PDF 315 K) if you:

  • move overseas
  • have been working overseas for more than 5 years
  • return to live permanently in Australia after you have lived overseas.

Companies

A company may be liable for land tax if the total taxable value of the freehold land is $350,000 or more.

Certain exemptions may apply.

Trustees

The value of all land held by the trustee for a particular trust is added together when calculating land tax. A trustee may be liable for land tax if the total taxable value of the freehold land is $350,000 or more.

When calculating land tax, the value of land held by a particular trust will not be added to the value of any other land held by the:

  • same trustee for a different trust
  • trustee as an individual or company.

Certain exemptions may apply to land that is held on trust.

Cloned trusts

Land held under different trusts will be assessed together for the purposes of land tax if the:

  • trustee is the same for all the trusts
  • beneficiaries are the same for 2 or more of the trusts
  • beneficiaries have the same interests in those trusts when land tax is calculated.

These types of trusts are known as ‘cloned trusts’.

Particular trustees

Deceased estates—If all the estate’s beneficiaries are known as at the relevant 30 June, the trustee of the estate can write to us and ask for each beneficiary's share in the estate to be included as part of that beneficiary's individual landholdings for land tax purposes.

Bankrupt or incapacitated persons—We will assess a trustee’s liability for land tax at lower rates, if they act on behalf of someone under the Bankruptcy Act 1966 (Cwlth) or the Public Trustee Act 1978.

See Public Ruling LTA020.1—Assessment of trustees under section 20 of the Land Tax Act 2010 for more information.