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.