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The Land Tax (Build-to-rent Concessions) Amendment Act 2025 updates Section 104ZJB of the Duties Act 1997 to incorporate section 9F of the Land Tax Management Act 1956. Section 9F outlines if a building qualifies as a build‑to‑rent (BTR) property and whether a land owner is eligible for the land tax concession under the new ongoing BTR concession scheme.

Land owners who meet the requirements under section 9F may also be eligible for an exemption or refund of surcharge purchaser duty (SPD).

The Duties Act 1997 still allows for a possible exemption or refund of SPD based on the eligibility criteria outlined in the existing time-limited BTR concession as per section 9E of the Land Tax Management Act 1956.

Revenue Ruling G014 V2: Build to rent and the Treasurer’s Guidelines further explain the requirements for the SPD exemption or refund.

What are the evidentiary requirements?

The build-to-rent evidentiary requirements have been updated to include the requirements needed to apply for a pre-approval or reassessment of SPD.

How are these transactions processed?

This transaction type must be lodged via eDuties using application type Build to Rent application for exemption and reassessment/refund.

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