Property Tax

<h2 class="legacy">EXPERT INSIGHT</h2>

Victorian treasurer Tim Pallas&rsquo;s three-pronged strategy to raise an extra <a href="https://www.premier.vic.gov.au/contributing-fair-share-stronger-victoria">A$2.7 billion in property taxes</a> over the next four years is a case of two out of three ain&rsquo;t bad.

<h2>Land tax ✅</h2>

First, Pallas will raise $1.5 billion over four years by lifting land taxes on landholdings worth between $1.8 and $3 million by 0.25%, and by 0.3 percentage points on landholdings worth more than $3 million.

This is a good move. Taxes levied on the value of landholdings are among the <a href="https://theconversation.com/abolish-stamp-duty-the-act-shows-the-rest-of-us-how-to-tax-property-105378">most efficient states can impose</a>. And land taxes offer a more sustainable and less-volatile tax base than stamp duties on property transactions.

<h2>Windfall gains levy ✅</h2>

Second, developers and landowners who reap windfall gains when their property is rezoned will be hit with a 50% levy if the gain is $500,000 or more, with the tax phasing in from windfalls above $100,000. The new levy will not apply to growth-zone land where developers already pay the <a href="https://www.sro.vic.gov.au/growth-areas-infrastructure-contribution">Growth Areas Infrastructure Contribution </a>charge.

Again, this is a good move. It should reduce incentives for <a href="https://www.theage.com.au/politics/victoria/how-money-talks-in-victorian-politics-five-lessons-from-the-casey-corruption-scandal-20201218-p56oo3.html">corruption</a> when planning applications are decided.

As a tax, collecting unearned windfall gains is extraordinarily efficient, so efficient it shouldn&rsquo;t even be called a tax but a charge for a change in allowable land use, which is <a href="https://theconversation.com/our-states-are-crying-poor-they-wouldnt-if-they-charged-for-rezoning-142838">what it is</a>.

[smartcode_project:default project_id=95340 project_image_fid=160800]

The new re-zoning charge won&rsquo;t raise much in the short term: just $124 million over four years.

But the next time there is a major rezoning &mdash; think of the bonanzas that have flowed to land holders from previous rezonings in <a href="https://www.theage.com.au/national/victoria/report-slams-matthew-guy-on-rezoning-of-fishermans-bend-20151019-gkcyrv.html">Melbourne&rsquo;s Fisherman&rsquo;s Bend</a> and the Docklands &mdash; it will deliver taxpayers hundreds of millions if not billions.

The property lobby <a href="https://www.afr.com/property/commercial/victorian-windfall-tax-will-hit-urban-infill-developers-say-20210516-p57sbh">has been quick to claim</a> that charging for rezoning windfalls will deter higher-density development in Melbourne, or increase prices. Both claims should be ignored.

Capturing a share of rezoning windfalls won&rsquo;t deter developers. Instead it could make it easier to solve Melbourne&rsquo;s housing crisis while reducing incentives for corruption in planning decisions.

Planning rules make it hard to build more housing in inner suburbs. Zoning for higher density is necessary, but unpopular. Local residents partly object because they think developers are getting a free kick.

The Victorian treasurer&rsquo;s decision to make the winners pay for some of their winnings will make the process fairer and less divisive.

It&rsquo;s a myth that charges for changes in land use raise home prices. Australian evidence suggests those lucky enough to own land before it is rezoned <a href="https://www.sciencedirect.com/science/article/abs/pii/S0264275117301051">pay the charges</a> rather than pass them on to eventual homebuyers, which might be why they object.

And future developers will pay less for their land, because the expectation of windfall gains won&rsquo;t be built into the price.

The ACT Government has charged <a href="https://www.planning.act.gov.au/leasing-and-titles/varying-crown-leases/lease-variation-charge">75%</a> for land value uplift for three decades without scaring away developers.

But the third prong of the Pallas plan &mdash; lifting stamp duty from 5.5% to 6.5% on properties that sell for more than $2 million &mdash; is a step in the wrong direction.

<h2>More stamp duty ❌</h2>

Stamp duties are among the most <a href="https://theconversation.com/abolish-stamp-duty-the-act-shows-the-rest-of-us-how-to-tax-property-105378">inefficient</a> and inequitable taxes Australia has.

They discourage people from moving to housing and cities that better suit their needs, and they are inequitable discourage people from moving to better jobs.

And the revenue they provide is volatile: any slowdown in property sales &mdash; as happened during COVID took hold &ndash; punches a big hole in state budgets.

Few Victorians will be affected by this tax hike: less than 5% of all Melbourne homes (and just 0.5% of regional Victorian homes) went for $2 million or more last year, according to <a href="https://twitter.com/timlawless/status/1394500338846081026">Corelogic</a>.

Someone buying a $2.5 million home will pay just an extra $5,000 in stamp duty.

But Pallas should be looking to replace stamp duty with broad-based land taxes, as <a href="https://www.treasury.nsw.gov.au/property-tax-proposal">NSW</a> is planning to do.

Tax hikes are rarely popular. But they will become increasingly necessary as states try to repair their budgets after the COVID crisis.

In the quest for a better tax system, Pallas has just taken two steps forward, and one step back.

<img alt="The Conversation" f="" height="1" j="" m8tkrlktj="" src="https://counter.theconversation.com/content/161353/count.gif?distributor=republish-lightbox-basic" width="1" />

<hr />
<a href="https://theconversation.com/profiles/brendan-coates-154644">Brendan Coates</a>, Program Director, Household Finances, <a href="https://theconversation.com/institutions/grattan-institute-1168">Grattan Institute</a>

This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/the-lesson-for-australia-out-of-victorias-property-tax-hikes-two-out-of-three-aint-bad-161353">original article</a>.

Victorian treasurer Tim Pallas’s three-pronged strategy to raise an extra A$2.7 billion in property taxes over the next four years is a case of two out of three ain’t bad

jordan_55689

The lesson for Australia out of Victoria’s 3 property tax hikes

The City of Sydney&rsquo;s Affordable Housing Program, endorsed by the Minister for Planning, Rob Stokes, introduces a charge for the delivery new homes that will now apply across Central Sydney and much of the City of Sydney local government area.

Minister Stokes announced last week the making of a new plan that will push up the price of new housing in the City of Sydney.

The NSW Government has signed off on a new tax of up to 3% on the production of new homes in the City of Sydney Council area.

[smartcode_project:default project_id=7317 project_image_fid=79239]

Urban Taskforce CEO Tom Forrest said, &quot;both the Minister and Clover Moore are well meaning, but you don&rsquo;t create affordable housing by adding additional charges to the production of new homes.&quot;

&quot;The NSW Productivity Commission recognised this conundrum in their review of infrastructure fees and charges. This change goes in the very opposite direction. This is a new tax on new homes to be paid by new home buyers.&nbsp;Prices will go up.&quot;

&quot;Housing affordability is one of the biggest issues facing governments at all levels. But the NSW Government has simply done what the Mayor of Sydney wants &ndash; no questions asked &ndash; no economic analysis applied.&quot;

&quot;The key to housing affordability is more supply &ndash; not extra taxes on those who are trying to solve the affordability problem by creating more homes.&quot;

&quot;It is high-time the penny dropped with the NSW Government &ndash; it is the drought of planning approvals that has caused this housing affordability crisis and urgent policy reform is needed.&quot;

&quot;Unfortunately, while well meaning, today&rsquo;s announcement is a step in the wrong direction.&quot;

&quot;Clover Moore is no-doubt popular &ndash; but we are in trouble if we take her advice on housing affordability!&quot;

The NSW Government has signed off on a new tax of up to 3% on the production of new homes in the City of Sydney Council area

New production tax to push up price of new housing in City of Sydney

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GUEST OBSERVER
Recently, tax residency has become a contentious and difficult issue. Tax partner Fletch Heinemann from Cooper Grace Ward explains below. 
Q1 – 0:15 – Am I a tax resident of Australia?
Q2 – 1:05 – What does it mean to ‘reside in Australia’?
Q3 – 2:19 – What is a ‘permanent place of abode overseas’?
Q4 – 3:35 – What if I still have a property in Australia?
Q5 – 4:40 – What about if I pay tax outside of Australia?
Click below to watch 
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For more information, <a href="https://www.cgw.com.au" target="_blank">click here</a>.
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Property 101: Fast facts on residency for tax purposes

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GUEST OBSERVER
Most Australians believe the best way governments can assist the property market is to stop overburdening homebuyers with the crippling costs of stamp duty.
A poll iBuyNew which asked ‘What would be the best way for government to assist the property market?’ found 55 percent of respondents wanted to cut stamp duty.
Thirty percent of participants in the online survey suggested increasing first home buyer grants would be most effective, while 15 percent called for negative gearing to be scrapped.
Most governments remain over-reliant on stamp duty. 
State governments still have an unhealthy dependence on stamp duty which is just a drag on the economy and a handbrake on homebuyers.
If governments are not prepared to abolish stamp duty they should at least consider reductions or more concessions for certain buyers.
Greedy state governments had also been behaving badly by slugging foreign investors with excessive new surcharges and tax increases.
Foreigners buying property in Australia should be paying some tax but the measures that were recently announced by the NSW, Victorian and Queensland governments were over the top.
iBuyNew survey results:
What would be the best way for government to assist the property market?
Cut Stamp Duty                                             55 percent
Increase first home owner grants                     30 percent
Abolish negative gearing                                 15 percent
Mark Mendel is chief executive officer, iBuyNew and can be contacted <a href="https://www.ibuynew.com.au" target="_blank">here</a>.
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State governments have an unhealthy dependence on stamp duty: Mark Mendel

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GUEST OBSERVER
The NSW government is facing a budget shortfall with land related transactions and total stamp duty collected below current budget forecasts for the first three months of the 2016- 2017 financial year, according to the Real Estate Institute of New South Wales. 
Data from the NSW Office State Review shows that for July, August and September 2016 both the number of land related transactions and the total stamp duty collected from those transactions is less than for that period last financial year. 
The NSW Government’s failure to address stamp duty bracket creep is beginning to hit them in the hip pocket. It's time to review and amend the out-dated stamp duty brackets that are inhibiting people from buying and selling property in NSW. 
There were 60,034 land related transactions in the first three months of the 2015-2016 financial year and this financial year there have been only 54,582. Last month, there were 17,988 transactions compared to 20,447 in 2015, some 12 per cent less. 
Approximately $2.157 billion in transfer duty was collected from land transfer transactions in the first 3 months of 2015. This financial year some $2.019 billion or $138 million less has been collected. The total Budget for 2016-17 for “All” transfer duty is $8.777 billion and at the current rate the NSW is facing a budget shortfall.
If not for the continued value growth the loss of budgeted revenue could be far greater. It's on a slippery slope unless government can find ways to generate more activity.
It is a disgrace that stamp duty bracket creep has not been reviewed for the past 30 years and Government's failure to address this issue is unconscionable and the market is now punishing them for it.
John Cunningham is president, REINSW, and can be contacted <a href="https://www.reinsw.com.au/imis15_Prod/web" target="_blank">here</a>.
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NSW land, property transactions fall: REINSW

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SPONSORED POST
Did you know statistics show that over 62 percent of property owner’s under-claim their property tax depreciation allowances and many don't even claim them at all!
Property Tax Depreciation is vital, it's a property investor's secret weapon for better cash flow and yet sadly it’s widely misunderstood. And this is why Napier &amp; Blakeley give you NBtax. 
NBtax, an online property tax depreciation service uses innovative technology to access Napier &amp; Blakeley's specialist property tax depreciation consultants. NBtax means investment property owners can start the process quickly and easily without the need to spend too much time going to and fro.
Once you submit the required information, our expert teams of Quantity Surveyors get on with tailoring your property tax depreciation schedule, setting you up for the depreciable life of your investment.
With decades of property tax depreciation experience, Napier &amp; Blakeley are ideally positioned to provide specialist services, helping investors maximise their depreciation claims while being ATO compliant.
Property tax depreciation is calculated on two different aspects of your asset, Depreciating Assets and Building Allowances. Depreciating Assets include plant and equipment, things like carpets, lifts, appliances and white goods. Building Allowances are primarily based on the building and structure of your asset.
We, Napier &amp; Blakeley, were the first in Australia to provide professional, specialised property tax depreciation advice, and now over 30 years later we’re still the market leaders. A professional property tax depreciation schedule can boost your cash flow potentially by tens of thousands of dollars over the life of your investment.
Yet so many property owners stumble. A simple lack of knowledge and the specialist nature of property tax depreciation means investors often under-claim and at times even avoid the process missing out on thousands. Unfortunately many investors rely on their financial advisors or generic advisors who really cannot dissect a property and its component parts and, they may not maximise the potential benefits.
Remember that no property is too old or small to benefit from a professionally prepared property tax deprecation schedule. Whether it be commercial, residential or industrial, brand new, renovated or just old, every investment property has the potential to further increase your cash-flow. There's hard cash sitting there waiting to be claimed. It's just a matter of taking the first step in the right direction, and that's where NBtax comes in.
Combining the latest in digital innovation with years of specialist experience, it's the best of both worlds, we make life easier for investors in a time poor world.
NBtax combines cloud-based data management with our specialist experience.  With an NBtax property depreciation schedule for your investment you’re able to relax and know that we’ve got your back. Our Quantity Surveyors are some of the most experienced in the industry and their objective is to produce a maximised property tax depreciation schedule tailored to your investment.
It's a wise move, an easy process. More cash and peace of mind – the best of both worlds with NBtax.
Contact one of our specialists for <a href="https://nbtax.com.au/" target="_blank">further information</a>.
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po-LsXgBTHBmX

It’s tax time and NBtax is here to help

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SPONSORED POST

Rental properties make money for investors through income and capital gains, both of which are taxable.

Depending on your annual income from investments, wages and other sources, tax can eat up a sizable chunk of your returns.

One way to minimise your tax bill is to ensure you’re claiming all of the deductions you can on your investment property.

Expenses you incur due to owning a rental property can be o set against the income the investment brings in.

If the deductions add up to more than the income, you can offset set the tax loss against earnings from other sources. If the income is higher than the total value of deductions, you must pay tax on the excess. 

Most of the income you’ll receive from your investment property will be rent paid by tenants. Other property-related income is also taxable, such as insurance payouts for damage to the property or lost rent, and rental bond you’ve retained to pay for damage caused by tenants.

The Australian Taxation Office has strict rules about what costs and expenses you can and can’t use to reduce your tax bill. For example, you can only claim expenses for the period that your property was rented or available for rent.

You can claim some expenses in full in the tax year in which you incurred them but others must be claimed over a number of years.

CLAIM IN FULL NOW

The long list of expenses you can claim straight away includes:

• Interest on your mortgage

• Strata fees

• Council rates

• Water bills

• Repairs and maintenance

• Pest control

• Property management costs

• Advertising for tenants

• Land tax

• Legal expenses

• Bank charges

• Administration costs such as phone bills, stationery and postage.

You can claim a tax deduction this year on expenses you’ve prepaid such as insurance and interest on your mortgage for the coming nancial year.

CLAIM OVER TIME

Some costs must be claimed over several years. Charges for establishing a mortgage are usually claimed over five years, for instance. Assets that wear out and need to be replaced periodically – such as carpets and hot water systems – need to be depreciated with the cost claimed over their useful lifespan. 

You may also be able to claim capital works deductions, which cover the property’s construction costs, including the home itself, carports, sealed driveways and fences, and items that are fixed in the building such as kitchen and bathroom cabinets.

DON’T CLAIM AS EXPENSES

You can’t claim the cost of buying and selling the property or any initial repairs that are needed before you can rent it out. These costs are factored into the profit, or capital gain, you make when you sell.

These lists are not exhaustive. If in doubt, check with a tax professional. 

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To download a free ebook on new financial year taxation tips for property investors,<a href="https://www.urban.com.au/guides/55208-how-to-maximise-your-tax-advantages-and-pay-off-your-home-sooner" target="_blank"> click here</a>.
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New financial year tax tips for property investors

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You can claim a tax deduction for some of the expenses associated with owning a rental property in the year in which you incurred them, but others must be claimed over time.
DEPRECIATING ASSETS
Items that will wear out and need to be replaced, such as carpets and appliances, need to be depreciated. This means you claim the cost of the item over its expected lifespan.
The Australian Taxation Office has published a list of the timeframes for depreciating common items found in rental properties.
For example, the ATO suggests carpet should be depreciated over 10 years and floating timber doors over 15 years. Gas or electric hot water systems can be depreciated over 12 years, while the suggested lifespan of solar hot water systems is 15 years. The ATO suggests cook tops, ovens and refrigerators should be depreciated over 12 years.
You can use the ATO’s suggested timeframes to claim depreciation or, in some cases, you can make your own estimates.
If you want to use your own estimate of the e ective life of a depreciating asset, you’ll need to be able to back up your claims with information such as the manufacturer’s specifications, engineering information or common practices for scrapping the item.
The item’s lifespan starts from when it was new, not when you started claiming deductions. If you install second-hand items, you’d have to consider their lifespan since new, not since you bought them.
CAPITAL WORKS
If your rental property was built after July 17, 1985, you may be able to claim a deduction for construction costs, known as a capital works deduction. 
Capital works deductions are usually claimed at a rate of 2.5 percent t a year for the 40 years after construction. They cover expenses for buildings, extensions such as garages or patios, alterations such as kitchen and bathroom renovations and structural improvements including carports, sealed driveways and fences.
Assets that are considered to be part of the building must also be depreciated as capital works.
This includes:
• Cabinets, sinks and xtures in kitchens and bathrooms
• Built-in wardrobes
• Tiles and other oor coverings that can’t easily be removed without damaging the building
• Insulation
• Fly screens and awnings
If you want to claim for capital works, you’ll need records of the construction dates and building costs, details of who carried out the works and the type of construction.
If you don’t have access to these details, you can hire a quantity surveyor, architect or builder to supply this information. 
To download a free ebook on new financial year taxation tips for property investors,<a href="http://propertyobserver.com.au/forward-planning/tools/ebooks-and-webinars/55208-new-financial-year-tax-planning-tips-for-property-investors" target="_blank"> click here</a>.
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Claiming a tax deduction for rental property ownership expenses

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EXPERT OBSERVER
According to data recently released by the Australian Bureau of Statistics (ABS) property taxation revenue increased further over the 2017-18 financial year to reach $30.293 billion.
State and local governments collected a whopping $30.293 billion worth of property tax revenue over the 2017-18 financial year. If you were to compare these statistics to what was published last year, the figures would be vastly different.
Previously, the ABS included stamp duties on conveyances as taxes on property however, in this year’s release this has been moved to a different section of taxation – taxes on the provision of goods and services.
Nevertheless, the $30.293 billion in property tax revenue was 5.6% higher over the past year with the annual increase lower than the 7.9% increase over the previous year.
 <img src="https://www.urban.com.au/images/2019/5/2/Property%20Taxation%201.JPG" alt="">
Within total property taxes, land taxes ($9.153b) increased 9.0% over the year, municipal rates ($18.451b) increased 4.3% and other taxes ($2.689b) increased 3.4% over the year.
Through analysis of the results, it was confirmed that revenues from property taxes are now the highest in the most populous states.
Across the states, total property tax revenue in 2017-18 was recorded at: $8.382 billion in NSW, $8.778 billion in Vic, $5.658 billion in Qld, $2.433 billion in SA, $3.654 billion in WA, $549 million in Tas, $133 million in NT and $705 million in ACT. 
Taking a look at stamp duties, which although they are no longer defined as part of ‘taxes on property’, they are a tax paid when a property when is transacted.
<img src="https://www.urban.com.au/images/2019/5/2/Property%20Taxation%202.JPG" alt="">
When the housing market is seeing increased transactions and rises in values, stamp duty generally rises and vice versa. The national housing market started to see values fall late in 2017 and as a result, stamp duty revenue is largely unchanged in 2017-18 from the previous year.
Stamp duty revenue over time across each state and territory shows the most populous states derive the most revenue from stamp duty, however, the chart also shows how volatile revenue from stamp duty can be based on the performance of the housing market. Over the most recent year, stamp duty revenue fell in NSW, Qld, SA, WA, NT and ACT while it rose elsewhere.
With the national housing market now seeing values and transaction volumes continuing to decline, it is to be expected that the 2018- 19 financial year will see a much lower value of stamp duty revenue.
While non-transactional based property taxes provide state and local governments with consistent revenue streams year after year, transactional-based stamp duty is much less guaranteed and harder to forecast for budgeting purposes.
Over recent years as the housing markets in Sydney and Melbourne have boomed, the NSW and Vic state governments have benefitted greatly from a significant increase in stamp duty revenue.
<img src="https://www.urban.com.au/images/2019/5/2/Property%20Taxation%203.JPG" alt="">
Stamp duty revenue in NSW is 89.7% higher over the past five years and in Vic it is up 116.0%. By comparison, in WA where the housing market has largely been falling over the same period, stamp duty revenue is down -18.9%.
With the NSW and Vic Governments seemingly going to be hit by a loss of stamp duty revenue over the coming years it would seem that now is as good a time as ever to look to move away from this transactional tax.
Although no one likes additional taxes, a tax on all residential properties is more equitable than a tax on the 4%-6% of properties that transact in any given year. Furthermore, it provides a more guaranteed revenue stream to state government so they can better plan their expenditure into the future.
In closing, it should be noted that the ACT Government announced in 2012 that it was going to remove stamp duty over a 20 year period.
<img src="https://www.urban.com.au/images/2019/5/2/Property%20Taxation%204.JPG" alt="">
CAMERON KUSHER is the head of research for the Australian branch of CoreLogic
Kusher regularly posts on the <a href="https://www.corelogic.com.au/taxonomy/corelogic-people/cameron-kusher" target="_blank">CoreLogic website</a>.
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