Victorian Land Tax on Trusts

| TRUST OWNERSHIP DETAILS | LAND TAX OUTCOME | 
| Trust owned land is currently exempt under the Land Tax Act | Land remains exempt under the Land Tax Act 2005 | 
| The Trust is an excluded trust | No surcharge is payable, land is assessed at ordinary tax rates | 
| Land is owned by a discretionary trust established prior to 31 December 2005 and trustee has nominated a beneficiary | No surcharge is payable. May affect the land tax liability for the nominated beneficiary. | 
| Land is owned by a discretionary trust established prior to 31 December 2005 but the trustee does not nominate a beneficiary | Surcharge is payable on trust land | 
| A discretionary trust established prior to 31 December 2005 with a nominated beneficiary acquires land after 31 December 2005 | No surcharge is payable on land owned at 31 December 2005, however, surcharge is payable on land acquired after 31 December 2005. | 
| Land is owned by discretionary trust established after 31 December 2005 | Surcharge is payable on trust land | 
| Land is owned by fixed trust and trustee notifies SRO of all beneficiaries and their interests. | No surcharge is payable. May affect the land tax liability of the beneficiaries. | 
| Land is owned by a fixed trust but trustee does not notify SRO of beneficiaries | Surcharge is payable on trust land | 
| Land is owned by a unit trust and trustee notifies the SRO of all unit holders and units held | No surcharge is payable, but may affect the land tax liabilities of the unit holders. | 
| Land is owned by a unit trust but trustee does not notify unit holders | Surcharge is payable on trust land | 
| Land owned is used as the Principal Place of Residence of a beneficiary or unit holder. Trustee nominates a resident beneficiary | No surcharge is payable on the land used as the principal place of residence. Surcharge remains payable on other lands owned by the trust. | 

Source – State Revenue Office
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