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Exemption from Land Tax
In accordance with Section 4, 5 and 5A of the Land Tax Act 1936, an exemption from land tax may be granted in the following circumstances:
- Where the land was the principal place of residence of the owner at 30 June:
(a) a full exemption is available where:
- the land is owned by a natural person (whether or not he/she is the sole owner of the land);
- the buildings on the land have a predominately residential character; and
- less than 25% of the total floor area of all buildings on the land are used for any business or commercial purpose (other than the business of primary production).
(b) a partial exemption is available where the first two full exemption criteria mentioned above are met and between 25% and 75% of the total floor area of all buildings on the land are used for any business or commercial purpose (other than the business of primary production). A sliding scale of exemption exists in these circumstances, ranging from 25% to 75% reduction in the taxable value of land. In this situation a Notice of Land Tax Assessment will indicate a taxable site value that is correspondingly less than the site value of the land as determined by the Valuer-General.
To apply for an exemption, you need to complete an Application for Residential Exemption Form (If you have recently completed building your home, please include a Schedule 19A - Statement of Compliance when you send an Application for Residential Exemption to RevenueSA.)
- Where the land becomes the principal place of residence of the owner after 30 June (i.e. between 1 July and 30 June in the year of assessment), the exemption described in 1(a) or (b) above, or a refund, may be available in any of the following three circumstances:
(i) where at 30 June a person owns land on which a home is either to be constructed or is in the process of being constructed for owner occupation during the financial year for which the exemption is sought;
To apply for an exemption, you need to complete an Application for Residential Exemption Form. (If you have recently completed building your home, please include a Schedule 19A - Statement of Compliance when you send an Application for Residential Exemption to RevenueSA.)
(ii) where a person is in the process of selling a home and as a result owns two properties at 30 June, one of which is the current principal place of residence (and eligible for exemption) and the other is the intended but not yet occupied principal place of residence (and liable for Land Tax). Relief will be made available on both properties provided no rental income is received from either property (when not occupied by the owner) during the period that the homes are owned concurrently and the former residence is sold prior to the end of the financial year in which the exemption on the new residence is sought;
(iii) where a person purchases a property, which was taxable in the ownership of the vendor (seller) and is to be occupied as a principal place of residence, the purchaser may be refunded any proportionate land tax paid as part of settlement.
If the land is situated outside the “defined rural area” of the State (i.e. predominately outside the greater metropolitan areas of Adelaide and Mt Gambier) a primary production exemption is available if:
- the land is 0.8 hectare or greater in area; and
- the Commissioner of State Taxation is satisfied that the land is used wholly or mainly for the business of primary production.
If the land is situated insidethe “defined rural area”, besides meeting the two conditions mentioned above, further conditions apply depending on how the land is owned.
To apply for an exemption, you need to complete an Application for Primary Production Exemption Form.
If you believe your land qualifies for an exemption, please contact RevenueSA in writing prior to the Due Date on your Notice of Land Tax Assessment.
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