Michael Taylor-Sands
Michael is the practice team leader of the Maddocks Tax & Structuring team in Victoria, with expertise advising on commercial and property transactions and their taxation implications.
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For the uninitiated, Victoria’s state taxes regime is complex. A range of property-related taxes apply to all Victorian landowners, both local and foreign. In recent years Victoria has also introduced a number of taxes that only apply to foreign buyers of Victorian land. This snapshot seeks to provide an updated summary of key taxes that apply in Victoria as at 1 July 2025 across five different land types.
The following taxes highlighted below are administered and collected by the Victorian State Revenue Office.
Note: Residential Development and Residential Investment includes Build to Rent (BTR) & Master Planned Community (MPC).
Select a chapter below to view more
Transfer Duty
Foreign Purchaser Additional Duty (FPAD)
Land Tax
Absentee Owner Surcharge (AOS)
Commercial and Industrial Property Tax (CIPT)
Vacant Residential Land Tax (VRLT)
Metropolitan Planning Levy (MPL)
Growth Areas Infrastructure Contribution (GAIC)
Windfall Gains Tax (WGT)
Congestion levy
Cladding rectification levy
Melbourne Strategic Assessment (MSA) levy
Short stay levy
6.5% duty on land purchase consideration.
Applies in same way as for residential development land.
Up to 6.5% duty on land purchase consideration provided land hasn’t already transitioned into CIPT regime (refer below).
Duty is reduced by 50% if the land is located in regional Victoria and used for commercial, industrial or extractive industry purposes.
Applies in same way as commercial & industrial development land.
Applies in same way as for residential development land.
FPAD applies to ‘residential land’ acquired by a ‘foreign person’, and is imposed in addition to normal transfer duty.
Land is ‘Residential’ if:
A ‘foreign person’ is:
8% duty (in addition to up to 6.5% transfer duty) on residential land purchase consideration unless exempted under FPAD Treasurer Guidelines.
Exemption possible under FPAD Treasurer Guidelines if a foreign corporation or trust holding land:
BTR and MPC land held by a foreign corporation or foreign trust is potentially exempt under the FPAD Treasurer Guidelines during development phase if project sufficiently adds to supply of housing stock in Victoria.
8% duty (in addition to up to 6.5% transfer duty) on residential land purchase consideration unless exempted under FPAD Treasurer Guidelines
Same definition of ‘Residential’ land applies, so 8% not applicable to ‘Commercial Residential Premises’
Fully built BTR and MPC is not exempted under FPAD Treasurer Guidelines as neither add to the supply of housing stock in Victoria (which would have already occurred during the BTR or MPC development phase).
FPAD does not apply to commercial and industrial land.
FPAD does not apply to commercial and industrial land.
FPAD does not apply to primary production land.
0.3% to 2.65% annual tax based on the taxable value of all land owned (or co-owned) at 31 December by a natural person, company or trust.
‘Taxable value’ is determined by the Valuer-General Victoria and reflects the unimproved value of land, excluding capital improvements such as buildings.
A surcharge rate of 0.375% to 2.65% applies to land held by a trust (in addition to base 0.3-2.65% rate) up to a taxable value of $3 million.
No special concession for MPC or BTR land during development phase, but BTR land can transition to concessional regime once buildings are constructed (see Residential Investment land).
0.3% to 2.65% annual tax based on the taxable value of all land owned (or co-owned) at 31 December by a natural person, company or trust.
No special concession for MPC land.
For ‘eligible BTR development’ land the taxable value is reduced by 50% for up to 30 years.
To be an ‘eligible BTR development’:
0.3% to 2.65% annual tax based on the taxable value of all land owned (or co-owned) at 31 December by a natural person, company or trust.
0.3% to 2.65% annual tax based on the taxable value of all land owned (or co-owned) at 31 December by a natural person, company or trust.
0.3% to 2.65% annual tax based on the taxable value of all land owned (or co-owned) at 31 December by a natural person, company or trust provided no general exemption applies and ‘primary production exemption’ (PPE) does not apply.
‘PPE’ applies to land used for primary production purposes by, or under licence from, the owner.
Absentee Owner Surcharge (AOS)
AOS applies to Victorian land owned by an ‘absentee owner’.
‘Absentee owner’ means an:
‘Absentee individual’ means a non-Australian citizen or non-permanent resident that does not ordinarily reside in Australia.
‘Absentee corporation’ means a company incorporated outside Australia or incorporated in Australia but which an absentee individual controls.
‘Absentee trust’ means a discretionary, fixed or unit trust with at least one absentee person beneficiary.
4% annual tax (in addition to annual 0.3-2.65% land tax) on unimproved land value (ULV) if land is owned by ‘absentee owner’ and no general or specific exemption applies.
Absentee corporations and trusts may be exempt under AOS Treasurer Guidelines if:
BTR and MPC land held by an absentee corporation or trust during development phase is potentially exempt if AOS Treasurer Guidelines are satisfied.
BTR land can transition to AOS exemption post-development if it qualifies as an ‘eligible BTR development’ (refer Land Tax for criteria).
4% annual tax (in addition to annual 0.3-2.65% ) on ULV if land owned by ‘absentee owner’ and no general or specific exemption applies.
Absentee corporations and trusts are generally not exempt under AOS Treasurer Guidelines if they are a mere property investor or landlord.
However, if BTR in nature, land is potentially AOS exempt for up to 30 years if it is an ‘eligible BTR development’ (refer Land Tax for criteria).
4% annual tax (in addition to annual 0.3-2.65% ) on ULV if land owned by ‘absentee owner’ and no general or specific exemption applies.
Absentee corporations and trusts may be exempt under AOS Treasurer Guidelines (same Guidelines apply as for residential land).
Industrial and commercial land held by an absentee corporation or trust during development phase is potentially exempt if AOS Treasurer Guidelines are satisfied.
4% annual tax (in addition to annual 0.3-2.65% ) on ULV if land owned by ‘absentee owner’ and no general or specific exemption applies.
Absentee corporations and trusts are generally not exempt under AOS Treasurer Guidelines if they are a mere property investor or landlord.
4% annual tax (in addition to annual 0.3-2.65% ) on ULV if land owned by ‘absentee owner’ and land not otherwise exempt under Primary Production Exemption or some other exemption.
CIPT applies to all Victorian commercial and industrial land (CIL) transitioned out of Victoria’s duty regime. A purchaser of CIL on or after 1 July 2024 can either pay conventional transfer duty of 6.5% upfront (at settlement), or pay fixed instalments of that same liability over a 10 year period. After the 10 years, CIPT will apply as an annual 1% tax (like an additional land tax), and the land will not attract duty again upon subsequent transfer provided it remains CIL in nature. It applies equally to local and foreign owners of Victorian land.
CIPT does not apply to residential development land.
If land is part residential and part commercial, its sole or primary use must be commercial or industrial before CIPT can apply.
If CIL changes in use (e.g. to residential), CIPT will cease to apply.
If a purchaser paying transfer duty over the 10 year transition period sells the CIL before year 10, it must pay the unpaid duty at settlement of the sale.
A reduced rate of 0.5% of the site value applies to vacant BTR land If land is part residential and part commercial, its sole or primary use must be commercial or industrial before CIPT can apply.
1% annual tax (in addition to usual 0.3-2.65% annual land tax) on ULV provided no general or specific exemption applies.
The 1% first applies 10 years after the first dutiable transaction of the CIL after 1 July 2024. Like land tax, it will be assessed against the owner on 31 December in the preceding tax year.
CIPT will cease to apply if the land is converted to a use other than commercial or industrial (e.g. residential).
CIPT will not apply if the CIL is subject to a land tax exemption.
The 1% annual tax will apply to commercial and industrial investment land in the same way to commercial and industrial development land.
For both types of CIL, a purchaser will have an option to take up a transition loan (interest-bearing) from the Government as an alternative to paying the transfer duty 100% at settlement. However, the loan will not be accessible by foreign investors without an Australian business.
CIPT does not apply to primary production land.
From 1 January 2025, VRLT applies to residential land across all of Victoria if the land was vacant for more than six months in the preceding calendar year. It applies equally to local and foreign owners of Victorian land.
From 1 January 2026, VRLT will be expanded to apply to unimproved residential land in metropolitan Melbourne that has remained undeveloped for at least 5 years and is capable of residential development.
From 1 January 2025, a progressive rate of VRLT applies.
VRLT is calculated on the capital improved value (CIV) of taxable land.
The rate of VRLT is based on the number of consecutive tax years the land has been liable for VRLT and is:
1% of the CIV of the land for the first year the land is liable for VRLT where the land was not liable for VRLT in the preceding tax year;
2% of the CIV of the land where the land is liable for VRLT for a second consecutive year; and
3% of the CIV of the land where the land is liable for VRLT for a third consecutive year.
MPC and BTR development land with new residential premises constructed on it will not become subject to VRLT provided the premises are sold or leased within two years from the date a building permit for the construction or renovation was issued.
Applies in same way as for residential development land.
VRLT does not apply to commercial and industrial land.
VRLT does not apply to commercial and industrial land.
VRLT does not apply to primary production land.
A 0.13% MPL rate applies to every $1,000 of estimated development cost, as shown in the planning permit application. If the estimated development cost subsequently increases mid-development, additional MPL is payable.
Limited exemptions and exclusions apply, and MPL is not deferrable (must be fully paid pre-application).
No special rules or concessions apply for BTR land or MPC land.
Applies in same way as for residential development land.
MPL is not refundable if a planning permit application is not lodged, refused, withdrawn, granted and lapses.
Applies in same way as for residential development land.
Applies in same way as for residential development land.
Applies in same way as for residential development land if the primary production land is in Metropolitan Melbourne.
If land is situated inside Melbourne’s UGB and zoned to be in a GAIC ‘contribution area’, a one-off GAIC contribution of between $115,530 to $137,230 per hectare applies (with rates due to increase on 1 July 2025), usually payable upon sale, subdivision or application for a building permit (BP).
Deferrable up to 100% in event of purchase, and up to 70% upon subdivision or BP application (with initial 30% payable upon subdivision or BP application).
Deferred 70% payable in staged (proportional) manner over a maximum 17 year period as land is progressively subdivided.
No special rules or concessions apply for BTR land or MPC land.
Applies in same way as for residential development land, but will usually be paid while land is being developed and transitioned into a new investment asset.
Unimproved residential investment land will be liable for GAIC. Newly improved/developed land will not usually be liable, as the GAIC will usually have been paid during the development stage.
Applies in same way as for residential development land.
GAIC rate and rules are no different as between residential development and commercial-industrial development land.
Applies in same way as for residential development land, but will usually be paid while commercial-industrial land is being developed and transitioned into a new investment asset.
Unimproved commercial-industrial land will be liable for GAIC. Newly improved/developed land will not usually be liable, as the GAIC will usually have been paid during the development stage.
While still zoned for primary production use will not be liable for GAIC as will not be within GAIC ‘contribution area’. If rezoned for residential or commercial-industrial use, will move within GAIC ‘contribution area’ and become liable.
GAIC will be payable as a one-off contribution of between $115,530 to $137,230 per hectare applies (due to increase on 1 July 2025), usually upon sale, subdivision or BP application, but with payment subject to deferral and staging rules mentioned under Residential Development land.
A 62.5% WGT rate applies if the rezoning gives rise to a taxable value uplift of between $100,000 - $499,999. A 50% rate applies if the taxable value uplift is $500,000 or greater.
The ’taxable value uplift’ is the difference between the CIV of the land before rezone (so-called CIV1) and the CIV after rezone (so-called CIV2), as determined by the Valuer-General Victoria.
WGT is payable by the registered owner of land, subject to a number of exemptions and exclusions. WGT is deferrable by a registered owner at rezone once-only until the earlier of 30 years and the next sale/duty event.
No special rules or concessions apply for BTR land or MPC land.
Applies in same way as for residential development land.
If residential investment land is acquired pre-rezone, WGT will not apply at that time and the new owner will be liable if the land is rezoned during its ownership period.
If residential investment land has already been rezoned and has a deferred WGT liability, the WGT will be payable by the registered owner at time of sale (and is prevented under law from pass-on to the purchaser).
Applies in same way as for residential development land. WGT rate and rules are no different as between residential development and commercial-industrial development land.
If commercial-industrial development land is acquired pre-rezone, WGT will not apply at that time and the new owner will be liable if the land is rezoned during its ownership period.
If commercial-industrial development land has already been rezoned and has a deferred WGT liability, the WGT will be payable by the registered owner at time of sale (and is prevented under law from pass-on to the purchaser).
Applies in same way as for residential development land. WGT rate and rules are no different as between residential development and commercial-industrial investment land.
If commercial-industrial investment land is acquired pre-rezone, WGT will not apply at that time and the new owner will be liable if the land is rezoned during its ownership period.
If commercial-industrial investment land has already been rezoned and has a deferred WGT liability, the WGT will be payable by the registered owner at time of sale (and is prevented under law from pass-on to the purchaser).
Applies in same way as for residential development land. WGT rate and rules are no different. Upon rezone, WGT will be payable on former primary production land.
The levy areas are located within inner Melbourne and comprise a Category 1 (red) area and a category 2 (blue) area – viewable here , and each area attracts different levy amounts.
In 2026, car parks in the expansion area for Category 2 will become subject to the congestion levy based on usage in 2025.
For a public car park, the owner and operator, as at 1 January of each assessment year, are jointly and severally liable for the levy unless an exemption or concession applies.
For a private car park, the owner as at 1 January of each assessment year is liable to pay the levy.
In 2025, the levy for each non-exempt parking space is:
Category 1 area - $1,750
Category 2 area - $1,240
Exemptions include:
A car parking space used exclusively by a resident to park their car while they are at home is exempt.
Applies in same way as for residential development land.
Applies in same way as for residential development land.
Applies in same way as for residential development land.
Unlikely to apply to primary production land.
The levy will be payable if there is a BP for a building:
The rate ranges from 0.128 cents in the dollar to 0.82 cents in the dollar.
Applies in same way as for residential development land.
Applies in same way as for residential development land.
Applies in same way as for residential development land.
Applies in same way as for residential development land.
The levy only needs to be paid if the land falls within the MSA levy area – viewable here.
The levy rate is calculated based on the area and type of habitat coverage and scattered trees on a land parcel, with rates varying per hectare for different native vegetation and species habitats.
Similar to GAIC, there are a number of events that trigger an obligation to pay the levy – such as receiving statement of compliance. An application can also be made to stage payment of the levy.
Applies in same way as for residential development land.
Applies in same way as for residential development land.
Applies in same way as for residential development land.
Applies in same way as for residential development land.
The levy may be payable if bookings are accepted for a stay in Victorian accommodation that is less than 28 consecutive days and charge a fee for the stay.
The levy is 7.5% of the total booking fees paid, including fees and charges.
The levy does not apply to a short stay in a property that is the principal place of residence (PPR) of the owner or renter of that property.
The levy does apply to a short stay in accommodation such as:
It does not apply to a stay in a hotel, motel or similar.
Applies in same way as for residential development land.
Not applicable.
Not applicable.
Applies in same way as for residential development land.
Please contact our Tax team
Michael is the practice team leader of the Maddocks Tax & Structuring team in Victoria, with expertise advising on commercial and property transactions and their taxation implications.
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