If you believe your corporate group does not meet the grouping criteria outlined above, or if you wish to advise RevenueSA of changes to the corporate group or other corporate matters, email RevenueSAAssessment@sa.gov.au with a detailed explanation and any supporting documentation.

Single point of contact

When a corporate group is assessed for land tax, one member of the group is designated as the single point of contact and receives the land tax assessment on behalf of the group.

If you are a member of a corporate group and would like to receive a copy of your group’s land tax assessment

• Email landtax@sa.gov.au, quoting the ownership number for the corporate group or the name of the company you represent.

A copy of the Land Tax Assessment will be issued to you.

Changing the mailing address for the land tax assessment

Any member of the corporate group can request to change the address that the land tax assessment is issued to.

To change the mailing address for the land tax assessment:

• Use the Lodge a Land Tax Query form
• Select Update billing details for Corporate Groups and complete the form.

You can also elect to receive future Land Tax Assessments and correspondence by email.

The land tax assessment details the land held by each member of the corporate group and the land tax apportioned to each parcel.

Land tax assessed for a corporate group ownership should be distributed among the member corporations based on the value of each corporation's interest in the group's land holdings.

If one corporation pays the full land tax liability on behalf of the group, it may recover a proportionate share from the other group members. This is a private arrangement between the corporations - RevenueSA has no involvement in how the tax is distributed or collected between the member corporations.

If a corporation owns land jointly with a natural person or another corporation that is not part of the corporate group, the land will be assessed firstly in the joint ownership and also in the corporate group ownership.

Step 1

If the total taxable site value of land in the joint ownership exceeds the land tax threshold, you will receive a joint Land Tax Assessment. If the taxable site value in the joint ownership is below the threshold, you will not receive a joint assessment.

Step 2

The corporate group will be assessed on its share of the jointly owned land and any other land owned by the corporate group.

If the total taxable site value is above the threshold, the corporate group will receive a land tax assessment.

Deductions

If land tax is assessed in step 1 and step 2 above, a deduction may be applied in the corporate group land tax assessment to prevent double taxation on the same parcel of land.

Where a corporation is the owner of land as trustee of a trust, and RevenueSA has been notified that the corporation holds that land on trust, the land that is held on trust is assessed separately from any other land the corporation owns outside of the trust (for example in its own right or as trustee of another trust).

All land owned by the same trustee for the same trust is combined (aggregated) and assessed based on the total taxable site value of that trust ownership. It is not aggregated with any other land owned by the same corporation that is not subject to the same trust.

Land owned by a corporation as trustee of a trust is subject to the trust provisions, except in specified circumstances.

Even where the above applies, the corporation will continue to be part of the corporate group, but the land it holds on trust will be assessed separately.

This applies to all trusts other than trusts arising because of a contract to purchase or acquire an estate or interest in the land.

Find out more about land held on trust.

Where land is held on behalf of a fixed or unit trust, the trustee of that trust has the option to nominate the beneficiaries or unitholders of the trust.  The beneficiaries or unitholders will then be considered owners of the land held on behalf of the trust.

If the beneficiary or unitholder is a corporation, a portion of the trust held land equal to the beneficiary/unitholder’s beneficial interest in the trust will be included in that corporation’s Corporate Group assessment.

Find out more about land held on trust.

If a trustee holds a controlling interest in two or more corporations on behalf of different trusts, the corporations are not related as a result of that interest.

Where this is the case, the trustee will need to provide notification to RevenueSA (by email to RevenueSAAssessment@sa.gov.au), along with any documentation that supports that they hold the relevant shares on behalf of the relevant trusts.

In relation to fixed trusts (for example, bare trusts), a trustee and a beneficiary of the fixed trust are considered to hold the shares in a corporation (or exercise power over a corporation) equally.

This provision only applies to bare trusts. It does not apply to any unit or discretionary trusts.

Where shares are held on trust in a bare trust arrangement, those shares are considered to be held by the trustee or the beneficiary.

By default, RevenueSA will treat the registered owner of those shares (as per the details registered with ASIC) as the owner of those shares.  However, RevenueSA can, instead, choose to treat the beneficiary as the owner of those shares.

An application may only be granted if the Commissioner of State Taxation is satisfied that:

• the land is held for the purpose of developing a residential development comprising more than 10 residential allotments or lots
• any additional conditions prescribed by the regulations are met.

The land may consist of one or more parcels of adjoining land, but must be held by a single corporation in the corporate group, not multiple corporations.

Important:

• The exemption applies only if the related corporation owns the land for the entire development process, including the building of residences upon the individual allotments or lots.
• The corporation that owns the land does not need to build the residences itself - third party builders may be engaged to build the residences.
• The exemption does not apply if no residences are built upon the individual allotments or lots while the corporation owns the land - subdivision alone does not qualify as a residential development.

An exemption may be granted for an initial term of up to 5 years, based on the expected development timeline. The term is specified in the instrument of exemption issued by the Commissioner of State Taxation.

The exemption may be further extended if the Commissioner is satisfied that the residential development is progressing over a reasonable period, considering the circumstances.

An exemption will cease if the Commissioner of State Taxation determines that:

• the development has been substantially completed, or
• the development has not been substantially commenced within 2 years after the grant of the exemption (unless a longer period is approved by the Commissioner).

To apply to be exempted or apply for an extension to an existing exemption:

• email RevenueSA at RevenueSAAssessment@sa.gov.au.

You will need to include:

• the ownership number on the Land Tax Assessment for the Corporate Group
• the name of the corporation applying for the exemption
• evidence that the corporation holds land that is to be, or is being, developed into more than 10 residential allotments or lots
• a copy of subdivision of land documents highlighting the original land and the residential allotments or lots that will result from the development
• confirmation of the development commencement date and expected date for completion.
• supporting documentation, such as site plans, architectural drawings, plans or proposed plans of division, planning consents, development approvals, construction schedules, project proposals, or building contracts and alike which show that residences will be built on the lots or allotments.