Following public consultation and the release of Taxpayer Alert TA 2026/1, which we discussed in a previous alert here, this new draft guideline focuses on PDAs where a landowner engages a related-party developer in projects spanning more than one income year.

These structures are not uncommon in the property industry and are not inherently problematic when used for commercial reasons. However, the ATO is concerned about non-arm’s length PDAs under common ownership that are designed to defer payment of tax.

Key compliance framework: green vs red risk zones

PCG 2026/D2 divides arrangements into two risk zones – green (low risk) and red (high risk) – based on the features of the deal and how income is recognised for tax purposes. The risk categorisation will determine the ATO’s level of compliance scrutiny:

Green zone (low risk)

Characterised by profit recognition during the project. Common green zone features include instances where:

• progress payments are made by the landowner to the developer as the project progresses, and the developer correspondingly returns income progressively over the project’s life
• no progress payments are made, but the developer still recognises income in stages, similar to an estimated profits basis under Taxation Ruling TR 2018/3 for long-term construction contracts
• annual land value increases are returned as income under trading stock rules, where the landowner holds the land as trading stock for tax purposes and annually includes any increase in the land’s value due to development work, in their assessable income.

Red zone (high risk)

Characterised by arrangements that artificially defer or mismatch income and deductions. Common red zone features include all the following:

• related parties and non-arm’s length terms
• use of a separate developer entity as a ‘buffer’
• timing mismatch, with deductions upfront and income deferred
• no trading stock income recognition by the landowner
• group-wide tax benefits arising from losses.

The ATO has provided several examples of high-risk structures. One such structure is shown below.

If the ATO is successful in applying Part IVA, the structure will be disregarded from an income tax perspective. From the ATO’s perspective, the key issue is the timing of income and deduction recognition, as the overall tax cost will be the same. However, if Part IVA applies and the tax benefit is denied, a taxpayer that previously reported tax losses may instead be placed in a taxable position, with interest and penalties applying.

Implications for property developers and landowners

For property developers and landowners in development projects, the Draft PCG serves as a clear warning. The ATO’s compliance radar is trained on any arrangement where profits from property development are earned collectively but taxed selectively. The key takeaways include:

Self-assess your risk profile

Taxpayers involved in property developments should immediately benchmark their arrangements against the PCG’s green and red zone criteria.

High risk of audit and Part IVA application for red zone cases

Those identified as high risk should prepare themselves for the possibility of ATO review and potential dispute.

Existing projects are not exempt

The Draft PCG will apply to both new and existing arrangements once finalised, so property groups currently using related-party development structures must not assume they are outside the scope.

Legitimate commercial arrangements remain acceptable

The ATO is careful to clarify that not all related-party development arrangements are problematic. Standard commercial practices, such as a one-off project where a landowner partners with a developer and appropriately shares project income, or where deferred payment terms are agreed but income is still accounted for each year, are generally considered not a compliance concern.

How SW can help

We are actively assisting clients in the property and construction sector to navigate the ATO’s increased focus on property development arrangements. Our team can review existing and proposed structures against the PCG’s green and red zone criteria, identify key tax and compliance risks, and provide practical recommendations to strengthen positions and align income recognition with ATO expectations.

Please contact your SW advisor to discuss how these developments may impact your arrangements and how we can support you.

Contributors

Stephen Peries

Ned Galloway

Antony Cheung

The post PDAs in public: When your property development arrangement gets the ATO’s attention appeared first on SW Accountants & Advisors.

The decision by the full Federal Court makes clear that informal arrangements and internal accounting entries are not enough to support deductions for related-party transactions. This case has particular significance to taxpayers who enter related party transactions with specific relevance to family groups that may currently lack the requisite written documentation. This case also has potential ramifications for corporate groups that are not consolidated for income tax purposes and cross border related party transactions.

The background

Two companies in the S.N.A Group entered into agreements with two asset-owning trusts for the use of rent rolls, trademarks, and associated assets in 2005. The agreements covered the period from 2005 until 2015, at which point they lapsed and were not renewed. Despite this, the operating companies continued to use the assets and continued to make payments after the agreements had lapsed, claiming the payments as deductible service fees.

The primary judge found in favor of the taxpayer, concluding that the taxpayers were subject to a presently existing liability and that the fees were therefore deductible under section 8-1. The primary judge held that, although there was no longer a written contract, the terms could be inferred from the parties’ conduct. The primary judge was particularly sympathetic to the commercial practice of small businesses, where related-party transactions are not always documented.

However, the Full Federal Court held that, there was no objective evidence after 2015 of communications between the parties, their bookkeeper, or their external tax accountant indicating that the companies were subject to a liability for the use of the assets. Nor were any tax invoices issued by the trusts. Furthermore, the method for calculating the payments for the use of the assets, which was based on the unitholders of the trusts receiving a specified percentage return, was inconsistent with the fees ultimately paid.

The making of payments and recording those payments in the books of related parties is not sufficient to infer a request for the provision of services or assets. Taxpayers must be able to objectively support a liability when charging fees for services and the use of assets by related entities. They should ensure that agreements between related parties are properly documented and kept up to date so as to cover the relevant period for which deductions are claimed.

Practical implications

Taxpayers who do not have written agreements, or who are unable to objectively demonstrate the existence of a contract are at risk of having deductions denied for transactions with related entities.

Contemporaneous documentation for related-party transactions should be prepared and regularly reviewed so that it covers the relevant period of any deductions and clearly details the method of calculation. Where documentation is not available, taxpayers should identify and retain other evidence to support the existence of a contract, including emails, minutes, invoices, or workpapers.

How SW can help

The decision in Commissioner of Taxation v S.N.A Group Pty Ltd [2026] FCAFC 10 makes clear that informal arrangements and internal accounting entries are not enough to support deductions for related-party transactions. Groups with inter-entity dealings should take this opportunity to review whether their agreements are properly documented and supported by objective evidence.

SW can assist by reviewing your existing related-party arrangements, assessing the robustness of your charging methodology, identifying gaps in contemporaneous documentation, and helping you update or formalise agreements to ensure they withstand scrutiny. Taking proactive steps now can significantly reduce the risk of deductions being denied in the future.

Contributors

Stephen Peries

Richard Osborn

The post Full Federal Court denies deductions for transactions between related parties appeared first on SW Accountants & Advisors.

Developers can unlock stalled or underutilised residential projects by engaging with the government-led Development Facilitation Program (DFP), which offer expedited planning pathways or waive or vary mandatory planning scheme requirements relating to building height, setbacks when affordable housing is incorporated into proposals. These initiatives present a strategic opportunity to align commercial outcomes with housing policy objectives across jurisdictions. 

Our property expert Sejla Kadric is joined by three industry experts on the topic:  

1. Michael Henderson – Michael joined Contour in 2018 and was appointed a Director in 2024. Michael has been working as a town planner in both the private and public sectors since 2009; holding senior positions within both sectors. Michael brings enthusiasm and leadership qualities, together with his detailed understanding of Victoria’s planning system and its intricacies, to a wide cross-section of development projects. His expertise includes advice during site acquisition and project design, management of applications and negotiating successful approval outcomes with planning authorities. 

2. Kate Breen – Kate leads Affordable Development Outcomes, specialising in the development of affordable housing research, policy and precinct and site-specific planning frameworks and delivery strategies. With a strong focus on developing evidence-based and commercially viable strategies that work for all parties, Kate has developed successful approaches supporting major planning scheme amendments and permit approvals, including appearing as an expert witness at Panel. She has also worked extensively with the community housing sector on bids for government land and funding. 

3. Lucy Simms – Lucy is the Chief Commercial Officer at Women’s Property Initiatives (WPI), where she leads partnerships with developers, government, and philanthropy to deliver affordable housing for vulnerable women. With over a decade of experience in development management, Lucy brings a commercial lens to community housing transactions and an understanding of developer needs, alongside the importance of creating social cohesion within projects. 

Our expert speakers will share their insights and guide you through the process from all angles: 

• Michael will set the scene by talking through the various opportunities that the DFP offers, how to engage with the DFP and potential outcomes of incorporating affordable housing into residential developments.  

• Kate will outline what social and affordable housing is, the key elements needed to plan and deliver it, the requirements for securing planning approval, and examples of effective affordable housing strategies. 

• Lucy will round out the conversation by bringing a community housing perspective, demonstrating how collaboration with developers can drive speed and social impact, and outlining WPI’s approach to integrating affordable housing within private developments. 

Walk away with clear, actionable knowledge on how to successfully integrate affordable housing into your developments while maximising both community benefit and project outcomes.  

Date

Wednesday, 25 February 2026

Industry speaker

• Michael Henderson | Contour Consultants
• Kate Breen | Affordable Development Outcomes
• Lucy Simms | Women’s Property Initiatives

SW speaker

Sejla Kadric
Director, SW

The post Unlocking Development Potential Through Affordable Housing seminar appeared first on SW Accountants & Advisors.

With 2026 land tax assessments just around the corner, these changes bring key obligations and deadlines that warrant close attention. 

Absentee owner surcharge – notification by 15 January 

The absentee owner surcharge (AOS) is an additional land tax imposed on properties owned by absentee individuals or entities (essentially foreign owners of Victorian land). As of 2026, the AOS is a 4% surcharge on the taxable land value, levied on top of regular land tax. It applies broadly to both residential and commercial land holdings.  

15 January 2026 was the cut-off for absentee owners to notify the SRO of their status, if they were an absentee as of 31 December 2025. Every year, foreign owners must declare their absentee status by 15 January so that the SRO can apply the surcharge in the upcoming land tax assessment. If an owner fails to notify but is later identified as foreign, the SRO will back-charge the surcharge and may impose penalties for the late notification. 

It’s worth noting that exemptions from AOS are very limited. Generally, only developers undertaking substantial development projects (which provide economic benefits to Victoria) might obtain a temporary exemption from the surcharge. Passive foreign investors or landlords are unlikely to be eligible for the exemption. Therefore, affected owners should ensure they have notified the SRO on time and factor the surcharge into their investment returns. 

If you’re an absentee owner and did not yet notify for 2026, contact the SRO immediately. Although the 15 January deadline has passed, making a late notification voluntarily may help reduce penalties. 

Short stay levy – first annual returns due 30 January 2026  

The short stay levy applies to short stays in Victoria from 1 January 2025, on bookings that are less than 28 consecutive days (not including the checkout day). The levy of 7.5% of the total booking fee is to be collected and paid by either: 

The first annual short stay levy return is due on 30 January 2026, with owners, booking platforms, and tenants being required to register before lodging their first return if they have a liability. It should be noted that booking platforms do not need to register individual properties. 

Booking platforms and property owners or tenants who accepted short-stay bookings during 2025 must register for the short stay levy and submit their first annual return by 30 January 2026, provided their total booking income did not exceed $75,000. 

Providers whose short-stay accommodation bookings generated more than $75,000 in 2025 are required to lodge quarterly returns, with the next instalment due by 30 April 2026. 

Failure to register and comply with payment obligations may result in the SRO initiating recovery action for any outstanding levy amounts, along with applicable penalties. 

Vacant residential land tax – notification by 15 February & expanded scope  

VRLT is a state tax designed to discourage empty properties and increase housing supply. Since 2018 it has applied an annual tax (1% of a property’s value, increasing to 3% for long-term vacancies) on residential homes in Melbourne that were vacant for more than 6 months in the preceding year. From 1 January 2025, residential houses in regional Victoria are also subject to VRLT.   

Owners of such properties must notify the SRO each year and then pay VRLT on their land tax bill if liable. Owners of vacant residential land in 2025 are required to notify the SRO by 15 February 2026 of the property’s vacancy status. This notification is mandatory even if you believe an exemption applies (e.g. for newly built homes, holiday homes, or other exempt categories). The SRO uses these notifications to issue VRLT assessment notices for the 2026 tax year. Failure to notify the SRO by 15 February may result in penalties being applied. Owners who have already notified that they are exempt (such as under a holiday home exemption) do not need to notify the SRO again, provided their circumstances have not changed.

Perhaps the biggest change is the expansion in the scope of VRLT. From 1 January 2026, VRLT will apply to land in Metropolitan Melbourne that is capable of residential development but has remained undeveloped for at least 5 years. This will apply to land that is vacant and land with a residence that is partly built but has not been occupied. In other words, long-term ‘land banking’ will now likely attract VRLT. 

The Commissioner of State Revenue (Commissioner) has a discretion to extend this 5-year period. Broadly, the Commissioner will consider residential land as ‘not vacant’ for a tax year if construction of a residence has not commenced after five years and the owner: 

In considering whether to exercise discretion, the Commissioner may take into account factors such as site access limitations, findings related to cultural heritage, environmental or ecological constraints, extreme weather events, delays in utility connections, and ongoing planning appeals. More information on the factors considered can be found in the Government Gazette. 

Heightened SRO compliance focus in FY2026 

The SRO has significantly ramped up its compliance efforts for the 2025–26 financial year, following a year in which more than 90% of its 13,300+ investigations uncovered non-compliance, resulting in $888 million in assessed liabilities. This year, the SRO is targeting high-risk areas across land tax, vacant residential land tax, and absentee owner declarations, with a particular focus on incorrect exemption claims, undeclared absentee ownership, and failure to notify vacant or undeveloped land. 

Property owners and investors should expect increased scrutiny, especially where land is incorrectly receiving principal place of residence or primary production exemptions, or where VRLT and absentee owner surcharge notifications have not been lodged. The SRO is also closely monitoring properties claiming the holiday home exemption and land held in a trust or by foreign owners. With advanced data-matching tools, the SRO is well-positioned to detect and penalise non-compliance. Early engagement, accurate reporting, and professional advice are essential to avoid reassessments and penalties. 

How SW can help 

Navigating Victoria’s 2026 land tax environment can be complex, with new levies, expanded obligations, and heightened SRO scrutiny. SW can assist you in navigating these obligations by assessing landholdings to determine potential liabilities under the rules, ensuring all relevant notifications are submitted on time, and implementing strategies to minimise exposure to penalties and reassessments. 

Contributor

Blake Trad

The post Navigating Victoria’s 2026 land tax environment appeared first on SW Accountants & Advisors.

The Alert raises the ATO’s concerns about certain property development management agreements. These typical arrangements are used by taxpayers to segregate the development risks from the land-owning entity. TA 2026/1 is another instance of the ATO seeking to apply Part IVA which is a significant development that will have a broad impact across many property developers.

Characteristics of arrangements under review

Those property development arrangements under review, typically involve:

The ATO has concerns that the arrangements are contrived to artificially separate land ownership and development activities to gain a tax timing advantage, being:

• upfront deductions in Dev Co that would not be available to the landowner
• the repeated deferral of income recognition.

The ATO has a specific concern that the repeated utilisation of development losses can result in the economic group perpetually deferring paying tax on group profits and enabling wealth extraction.

The ATO has indicated that Part IVA anti-avoidance provisions may apply to these types of arrangements.

ATO actions

The ATO has confirmed that they will:

• publish a Practical Compliance Guideline outlining a risk framework
• engage with taxpayers that are undertaking these types of arrangements.

How SW can help

TA 2026/1 is another example of the ATO seeking to apply Part IVA to a once typical arrangement. This is a common structure used by taxpayers to segregate the development risks from the land-owning entity. Whilst we have been aware of rumblings in this area from the ATO, this is a significant development that will have a broad impact across many property developers.

SW will provide more detail once the draft Practical Compliance Guideline is released and will discuss TA 2026/1 with any impacted clients.

Our experts can assist with advising how TA 2026/1 affects your existing arrangements. We can also engage with the ATO to deal with potential disputes.

Reach out to your SW advisor for support from our team.

The post Developing trouble: ATO Alert on related party development management agreements appeared first on SW Accountants & Advisors.

Queensland introduced the Additional Foreign Acquirer Duty (AFAD) in 2016 and the Foreign Land Tax Surcharge (FLTS) in 2019 to curb speculative foreign acquisitions. While these measures were designed to protect local buyers, they inadvertently captured Australian developers using international funding, creating a prohibitive tax environment that delayed projects and discouraged investment.

Since 2016, twelve new or increased property taxes have been introduced, impacting Queensland’s competitiveness. The latest reforms aim to address these issues by reducing compliance barriers, clarifying eligibility criteria, and introducing faster approval processes, signalling a shift towards a more investment-friendly framework.

Key changes announced

Dwelling threshold reduced

One of the most significant changes is the reduction of the dwelling threshold for relief eligibility from 50 dwellings to 20 dwellings. Previously, only large-scale residential projects could access AFAD and FLTS relief, leaving mid-sized developments exposed to additional costs.

By lowering the threshold, the government has opened the door for smaller projects, such as townhouse complexes and boutique apartment developments, to qualify for relief. This change is expected to stimulate housing supply and encourage more diverse development across Queensland.

Pre-approval process

The introduction of a pre-approval process marks a major improvement in how relief is administered. Under the old system, developers could only apply for relief after acquiring land, creating uncertainty and financial risk. The new process allows developers to secure approval before acquisition, giving them confidence to proceed with transactions and improving access to finance. This proactive approach reduces risk and supports better project planning.

Published service standards

To complement the pre-approval process, the Queensland Revenue Office (QRO) has introduced published service standards for processing applications. Frequent applicants and renewals will be processed within 30 working days, while new applicants will receive decisions within 60 working days. These timelines provide transparency and predictability, addressing long-standing concerns about delays and improving investor confidence.

Broader recognition of group entities

The reforms also broaden eligibility by recognising the activity of the relevant corporate group of which the entity is a group entity in determining if the entity has made a significant contribution or is a significant contributor. Many projects involve joint ventures or complex corporate arrangements, and under the new rules, these structures will be considered when determining if the exemption criteria is satisfied.

Five year averaged significant contributor test

For landholders seeking relief from the FLTS, a new five-year averaged significant contributor test has been introduced. This test ensures that entities demonstrating sustained economic contribution to Queensland can access relief, rewarding long-term investment rather than short-term activity. It encourages stability and ongoing engagement with the state’s economy.

Under this administrative arrangement, a significant contribution means that an entity (or relevant corporate group) has:

• Current commercial activities, or committed future commercial activities over a 12-month period from the liability date, at the requisite contribution level or
• Commercial activities approved by the Commissioner.

In this context, requisite contribution level means employing 75 or more full-time equivalent employees in Queensland (excluding labour hire or contractors) or incurring expenditure in Queensland of more than $20 million annually (comprising Queensland payroll tax and land tax liabilities, Queensland goods and services and wages paid to Queensland residents).

In relation to commercial activities approved by the Commissioner, the Commissioner will have regard to:

• the commercial activity in the context of population size, demographics, and industry maturity in the area
• the nature of the area and/or industry
• the contribution the activity makes to the area and/or industry (for example, whether the entity is a major employer in the area or whether the industry would exist without the presence of the entity) and
• any other relevant factors.

Clearer criteria and transitional arrangements

Finally, the reforms provide clearer eligibility criteria and transitional arrangements for entities already receiving relief. This removes ambiguity and ensures continuity for ongoing projects, reducing compliance risk and supporting developers during the transition to the new framework.

Rulings

To implement these reforms, the QRO has issued the following updated rulings:

• Public Ruling GEN012.1 Administrative arrangement—exemption from AFAD and land tax foreign surcharge for residential land developers
• Public Ruling LTA000.6.1 Administrative arrangement—exemption from land tax foreign surcharge for landholders undertaking commercial activities that make a significant contribution
• Public Ruling DA000.15.5 Additional foreign acquirer duty—ex gratia for significant development for liabilities arising before 15 December 2025
• Public Ruling LTA000.4.4 Guidelines for ex gratia relief from the land tax foreign surcharge for liabilities arising before 30 June 2026

How SW can help

Navigating these new rules can be complex, especially with multiple rulings and transitional arrangements.

We assist developers and investors by:

• Providing tailored advice on eligibility under the new AFAD and FLTS relief framework.
• Preparing and lodging pre-approval applications with QRO to secure relief before acquisition.
• Structuring projects and ownership arrangements to maximise compliance and minimise tax exposure.

Contributors

Robert Parker – Consulting Director, Tax

Blake Trad – Consultant, Tax

The post QLD Foreign Tax Reforms: Merry Xmas for Queensland Developers appeared first on SW Accountants & Advisors.

The ruling, titled Income tax: rental property income and deductions for individuals who are not in business (‘the ruling’), along with two practical guidance guides, replaces the longstanding IT 2167. It targets non-business rental properties, especially holiday homes, short-term rentals, and mixed-use properties.  

Key points from the draft: 

We provide further commentary on this matter below. 

Assessable rental income 

Any amounts derived from rent, lease premiums, licence fees or other similar charges are assessable income for a rental property. This includes amounts received through an agent, a sharing or online platform such as Airbnb, or directly from a tenant. 

Any of the above amounts received will form part of the property owner’s assessable income, even if the income is not received at commercial arm’s length rates.  

Certain amounts received under family arrangements, such as the payment of board to a parent, may not be treated as assessable income. 

Deductions and apportionment of expenses 

Property owners can claim deductions for losses or outgoings to the extent that they are incurred in gaining or producing assessable income from the property, provided they are not capital, of a private or domestic nature, or prevented from being deductible under another legislation. 

As such, property owners may only claim deductions to the effect that it relates to their assessable rental income. For mixed-use properties, where the property owner is also using it for personal or family purposes, then deductions must be appropriately apportioned to account for this private use. 

PCG 2025/D6 provides guidance and factors when apportioning costs, including: 

Certain costs such as advertising, property agent fees, and cleaning fees are fully deductible and do not require apportionment. 

Holiday homes – increased stringency 

The most notable change in the draft ruling is the ATO’s increased stringency on holiday homes.  

A ‘holiday home’ refers to a property that is used, or held for use, for a person’s holidays or recreation, or for the holidays or recreation of their family members and friends, either for no rent or at a reduced rate. 

Where a person’s rental property is a holiday home, the ATO may regard the property as a ‘leisure facility’ for the purposes of s26-50 of the ITAA 1997 and deny certain deductions such as land tax or council rates. This is to prevent taxpayers from obtaining a tax subsidy for expenditure on their own recreation.  

However, the ruling provides an exception to this where the holiday home is used, or held for use, mainly to produce assessable income in the form of rents, lease premiums, licence fees or similar charges.  

PCG 2025/D7 provides a risk framework and factors to consider when determining if the property is used, or held for use, mainly to produce assessable income, including: 

Transitional relief 

The ATO has allowed a transitional period, during which they will not allocate compliance resources to review whether properties fall under s26-50 before 1 July 2026, provided the relevant expenses arise from arrangements entered into before 12 November 2025.

How SW can help 

Property owners should be aware that the ATO will have increased scrutiny on rental deductions.  

SW can help assess your property’s position under the draft ruling, review your usage patterns, ensure deductions are correctly apportioned, and provide practical guidance on what evidence and apportionment methods you’ll need going forward.  

Our team can provide tailored guidance and help you understand how these changes may affect your properties and tax obligations, ensuring you stay well-prepared and informed. 

Contributor

Dylan Kelly

The post Rental properties and holiday homes: ATO’s new draft ruling appeared first on SW Accountants & Advisors.

The Victorian Government has released Treasurer’s guidelines outlining limited circumstances where the Commissioner may exercise discretion to exempt landowners from VRLT if construction has not commenced due to acceptable reasons. 

What is VRLT and how has it evolved? 

Vacant Residential Land Tax is an annual tax which was introduced by the Victorian Government from 1 January 2018 to address the lack of housing supply by encouraging landowners to make their vacant residential properties available for purchase or rent.   

From 1 January 2018 to 31 December 2024, VRLT only applied to vacant residential land in Melbourne’s inner and middle suburbs. The residential land was vacant where the land was not used or occupied for more than 6 months in the year. VRLT was calculated as an annual tax of 1% of the capital improved value (CIV) of the land.  

Effective 1 January 2025, the State Taxation Acts and Other Acts Amendment Bill 2023 introduced: 

There are also a number of exemptions from VRLT available to taxpayers. Where the property is exempt from land tax, it is also exempt from VRLT. Several specific exemptions are also available, namely for holiday homes, work accommodations and new residential land.  

Upcoming changes effective 1 January 2026 

From 1 January 2026, the Victorian Government has further expanded the scope of VRLT, now applying to unimproved land in metropolitan Melbourne if it is: 

The 5-year undeveloped period applies retrospectively, so land owned since 31 December 2020 or earlier may be liable to VRLT.  

Landowners may apply to the Commissioner to exercise his discretion to extend the 5-year period where construction has not commenced for acceptable reasons. The Guidelines released by the Treasurer outline the acceptable reasons.  

Recent guidelines – construction delays 

On 17 November 2025, the Victorian Government released guidelines outlining the acceptable circumstances where construction of a residence on the land has not yet commenced. 

Residential land on which construction of a residence has not commenced after five years is considered not vacant at the Commissioner’s discretion, if a landowner: 

The guidelines set out circumstances where land is not considered vacant, including: 

The Guidelines state that the following factors would not generally support a favourable decision by the Commissioner: 

This is unhelpful for many developers, as these challenges present barriers to progressing the development of the land. 

How SW can help 

If you own land which comes under the scope of VRLT, you must notify the State Revenue Office (SRO) by 15 February 2026. 

Our experts at SW can assist with reviewing your circumstances, advising on VRLT implications, supporting VRLT reviews, and managing applications for exemptions and the Commissioner’s discretion. For support, please reach out to your SW advisor. Our team is ready to help you navigate these changes with confidence. 

Contributor

Dylan Kelly

The post Unimproved land subject to Vacant Residential Land Tax from 1 January 2026 appeared first on SW Accountants & Advisors.

The draft ruling provides further clarity on how existing principles apply to build-to-rent (‘BTR’) developments, determining the status of occupants, and the characteristics of hostels and boarding houses.

Supply of BTR leases & status of occupants

The draft ruling provides further clarity on determining if BTR developments are residential or commercial residential premises, namely if the accommodation supplied is similar to a hotel, motel, inn, hostel or boarding house for the purposes of s195-1 (a) of the GST Act.

Several findings of a new example (Example 12A) contained in the ruling outline key criteria to be considered in determining if a BTR development is residential accommodation:

• The apartments are self-contained with bedroom, bathroom, kitchen and living facilities.
• The building includes communal spaces and amenities available to all occupants, including dining area, gym, laundry facilities etc. No shared meals or communal kitchens are provided to occupants.
• Apartments are rented to occupants on a long-term basis. Occupants have the right to quiet enjoyment of the apartment with management having limited reasons and must give reasonable notice under the lease agreement to access occupants’ apartments.

Where the above characteristics are found in an accommodation, the accommodation will not be deemed to be commercial residential premises.

This is on the basis that the nature of the accommodation is permanent, the occupants obtain exclusive possession of their self-contained apartment in the same way as a tenant, and the accommodation does not provide additional services to the occupants that a hotel would, for example.

Paragraphs 188A – 188G of the ruling provide further detail on the rights and enjoyments of a tenant compared to a guest, namely the right of exclusive possession.

Hostels & boarding houses

While the draft ruling namely provides clarification relating to BTR developments and status of occupants, it also provides updates and further clarity on the characteristics of hostels and boarding houses.

In relation to hostels, the ruling provides that while a hostel may serve as an occupant’s principal place of residence for a period of time, the occupancy is generally non-permanent or transient in nature. The hostel is used for a limited time or limited purpose (e.g. student hostel provides temporary residence during period of education) and there is no right or expectation of permanent residence.

Furthermore, the ruling provides that hostels generally have shared facilities, however, the degree of shared facilities may vary. Some hostels may only provide shared kitchen and toilet facilities, while others may provide shared sleeping, toilet, and ablution facilities.

In relation to boarding houses, the ruling includes that even if premises may meet the definition of a boarding house under specific state or territory legislation, this alone does not determine whether the premises are, or are considered similar to, a boarding house.

As such, it is imperative that the premises is determined to meet the characteristics of a boarding house as per GSTR 2012/6, and the definition of a boarding house in state or territory legislation is not solely depended on.

How SW can help

While the ATO has provided further clarity on distinguishing accommodation as residential or commercial, the application of these principles is highly fact dependent. There is no ‘one size fits all’ approach, and each accommodation should be reviewed on a case-by-case basis.

SW’s indirect tax specialists have extensive experience in advising on accommodation. If you would like to explore how the draft ruling may affect your current or planned accommodation arrangements, or if you require tailored guidance on any aspect of the ruling, please reach out to your SW advisor. Our team is ready to help you navigate these changes with confidence.

Contributors

Dylan Kelly

Robert Parker

William Zhang

The post Build-to-rent developments: ATO draft updates to GSTR 2012/6 appeared first on SW Accountants & Advisors.

Key legislative changes

Commercial and Industrial Property Tax Reform Act 2024

The Bill makes targeted amendments to the Commercial and Industrial Property Tax Reform Act 2024 (CIPT Reform Act) to address technical anomalies and ensure the scheme operates as intended.

The key change is a tightening of the criteria for when a transaction causes land to enter the commercial and industrial property tax scheme. Under the new rules, a transaction will fall within the CIPT regime only if duty is payable on at least 50% of the land’s unencumbered value. This closes loopholes where nominal or minimal duty could previously result in land entering the scheme, such as in certain partitions or concessional transfers.

The Bill also clarifies the calculation of ‘entry interests’ and ‘qualifying transactions’, ensuring that only the portion of the interest on which duty was actually paid is counted for tax reform purposes. Transitional provisions ensure these amendments apply retrospectively from 1 July 2024, aligning the law with its intended operation from the commencement of the CIPT scheme.

Congestion Levy Act 2005

The State Taxation Further Amendment Bill 2025 introduces several important changes to the Congestion Levy Act.

Most notably, parking spaces used exclusively for residential purposes—including those in hotels, serviced apartments, and clubs providing accommodation, are now excluded from the congestion levy. This simplifies compliance for residential property owners and removes the need for a separate exemption provision.

The Bill also increases the congestion levy rates for 2026, setting them at $3,030 for category 1 levy areas and $2,150 for category 2 levy areas, with annual CPI adjustments from 2027 onwards. Additionally, the category 2 levy area is expanded, and the map of levy areas will now be published online by the Commissioner of State Revenue, improving transparency and accessibility for affected businesses.

The new rules introduce exemptions and concessions:

• Parking spaces at government schools and boarding premises are exempt from the levy if provided free of charge.
• Parking spaces set aside exclusively for retail customer parking in the category 2 area receive a 50% concession if provided free for the first hour or to customers making a purchase.

Finally, the Bill imposes new registration requirements for owners and operators of car parks in the expanded levy area, with clear deadlines for registration to ensure proper administration and compliance.

Duties Act 2000

New Zealand citizens

A key amendment relates to New Zealand citizens and the foreign purchaser additional duty. Previously, the exemption for New Zealand citizens was based on holding a ‘special category visa’, which could lead to inconsistent outcomes depending on whether the individual was physically present in Australia at the time of settlement.

The Bill replaces this with a new residency test. The provisions outline that New Zealand citizens will only be exempt from the foreign purchaser duty if they ordinarily reside in Australia for at least six months within a defined period around the transaction. This change ensures that the exemption is available to genuine residents and closes a loophole that allowed non-residents to avoid the surcharge.

Custodian transfers

The Bill also introduces a new exemption for transfers of dutiable property involving custodians and sub-custodians under a trust. This addresses practical issues in trust administration, where property may need to be transferred between different custodians or trustees without any change in beneficial ownership. The exemption applies only to ‘internal’ transfers within a pre-existing and continuing trust, and not to transfers that alter the beneficial interests.

Tax reform scheme land

Further amendments to the Duties Act clarify the treatment of ‘entry interests’ for land entering the CIPT reform scheme. The Bill sets out new rules for calculating the quantum of an entry interest when a transaction is subject to a duty exemption or concession (other than certain reductions), ensuring that only the portion of the interest on which duty was actually paid is counted. This prevents anomalous outcomes where nominal duty could result in a larger interest being recognised for tax reform purposes.

Land Tax Act 2005

The Bill introduces several significant changes to the Land Tax Act 2005, with a focus on integrity and fairness of Victoria’s land tax regime.

The Bill substitutes the definition of a ‘natural person absentee’ to introduce a new requirement that a person who is not an Australian citizen or resident will be an absentee if they were absent from Australia for a total of 6 months during the previous calendar year.

New Zealand citizens

One of the most notable amendments is the introduction of a residency test for New Zealand citizens in relation to the absentee owner surcharge. Previously, New Zealand citizens could avoid the surcharge simply by being present in Australia on 31 December, regardless of their actual residency status. The Bill now requires that only New Zealand citizens who ordinarily reside in Australia will be exempt from the absentee owner surcharge, closing a loophole and ensuring that the surcharge applies more equitably.

Temporary residences

The Bill also creates a new exemption for land with temporary residences with the introduction of new sections 63A to 63H. This exemption is designed to support individuals who use temporary residences as their principal place of residence. Under the new legislation, a temporary residence is defined as any structure or vehicle that is capable of being used for habitation and for which an occupancy permit is not required. The Bill outlines that caravans, motorhomes, trailers, tents, sheds, and barns are examples of temporary residences.

The Bill outlines land will be ‘temporary residence land’ if:

• there is a temporary residence on the land
• there is no building affixed to the land for which an occupancy permit is required (including a building under construction or renovation)
• the land is not used by any person to carry on a substantial business activity
• the land is in a zone other than a non-residential zone
• the taxable value of the land is less than $300,000
• the owner of the land does not own any other land in Victoria.

The new provisions apply only if a natural person or vested beneficiary uses and occupies the property as their principal residence, and they preclude the exemption from applying if rent is paid by or on behalf of the vested beneficiary for use and occupation of the land.

This change recognises the diversity of living arrangements in Victoria and provides relief to those who might otherwise be unfairly taxed.

Vacant residential land tax

The Bill makes several targeted changes to the vacant residential land tax (VRLT) provisions.

Firstly, the definition of ‘alpine resort’ is expanded to include land located within the Dinner Plain locality, meaning residential land in Dinner Plain will be excluded from VRLT, recognising its seasonal nature similar to other alpine resorts.

Secondly, the deadline for owners to notify the Commissioner about vacant residential land and to apply for exemptions is moved from 15 January to 15 February each year, giving property owners additional time to comply with their obligations.

Thirdly, a new exemption is introduced for properties that were residential land at both the start and end of the preceding year but were not residential land for a period during that year, such as when a home is undergoing significant renovations or repairs. This ensures owners are not unfairly taxed when their property is temporarily uninhabitable due to genuine works.

Hardship

The hardship relief provisions have also been updated. The threshold for applications for hardship relief from land tax liability has been increased from $1,000 to $5,000, making relief accessible to a broader group of taxpayers. Importantly, the requirement for Treasurer approval has been removed, streamlining the process and allowing the Commissioner of State Revenue to grant relief directly.

Other changes

The Bill also introduces changes to the First Home Owner Grant and Home Buyer Schemes Act 2000, expanding eligibility for New Zealand citizens. Under the new provisions, New Zealand citizens can qualify for the First Home Owner Grant based on residency, rather than visa status, ensuring fairer access for genuine residents. The Bill also modernises administrative processes by clarifying when electronic service of documents is considered effective.

In relation to the Building Act 1993, the Bill clarifies and strengthens the calculation of building permit levies, particularly for cost-plus contracts, and requires more accurate reporting of building costs. It validates past estimates and calculations to prevent disputes and ensure certainty for builders and property owners. Additionally, consequential amendments are made to related Acts to align with the new calculation methods, supporting a more robust and transparent building permit levy system.

How SW can help

SW’s state tax specialists can help you interpret the new rules, assess your exposure, and optimise your position under the amended legislation. These changes are significant, affecting property, land tax, congestion levies, building permits, and more, and may have a direct impact on your property, business, or compliance obligations. Understanding the amendments is crucial to ensure accurate planning, avoiding unexpected liabilities, and taking advantage of available exemptions or concessions.

Contact your SW advisor to discuss how these changes may affect you and ensure you are well-prepared under the updated legislation.

Key contacts

William Zhang

Robert Parker

Blake Trad

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