If a relevant acquisition is made in a landholder, an acquisition statement must be completed and lodged and duty paid within 30 days after the date of the relevant acquisition. The statement must be completed by or on behalf of:

  • The person who made the relevant acquisition in the landholder, or
  • The landholder in which the relevant acquisition was made

If the landholder is a unit trust scheme, the trustee of the landholder must complete and lodge the statement.

A landholder is not required to separately complete and lodge a statement and pay duty if the person who made the relevant acquisition lodges a statement and pays the duty within the 30-day statutory period.

In cases involving the conversion of a private unit trust scheme to a public unit trust scheme or the conversion of a private company to a listed company, it is the trustee of the public unit trust scheme or the listed company that is required to lodge the acquisition statement and pay the applicable duty, rather than the person(s) who made the relevant acquisition.

For more information, please refer to our ruling on the obligations on making a relevant acquisition and calculation of duty.

1

Determine requirement to lodge statement and pay duty

The landholder provisions operate on certain thresholds being satisfied before an acquisition of an interest in a landholder gives rise to a liability to duty and a requirement to lodge an acquisition statement.

Before completing and lodging a statement, you should fully consider our landholder information and the various rulings issued by the Commissioner. The interactive SmartForm version of this acquisition statement will also assist in determining whether it needs to be lodged and duty paid.

If you are unsure of your requirement to lodge an acquisition statement and/or your liability to duty, you can request a private ruling and/or an assessment from the Commissioner.  If you make this request, you should estimate the duty payable on the relevant acquisition and pay that amount before the end of the 30-day statutory period. Depending on the circumstances of the matter, any underpayment of duty may attract penalty tax and interest.

Please contact the Landholder Acquisitions Branch on 03 9628 0123 for more information.

2

Complete the statement

You can complete either the SmartForm or static version of the acquisition statement.

Note: if you are a foreign purchaser, please complete the static PDF version of this form, and lodge it via mail or email.

SmartForm option

Complete the statement on screen and submit online (no need to print and sign by hand). Supporting documents must be converted to an electronic format and attached for the lodgement process, or

Landholder Acquisition Statement (SmartForm 58-E)

Static option

Complete the statement on screen, and then print the form to be signed by hand. Supporting documents must accompany your printed statement for the lodgement process. This statement can also be printed and completed by hand.  If completed by hand, please use block letters and a blue or black ballpoint pen.

Landholder Acquisition Statement (Form 58)

 

3

Gather supporting documents

The following documents and information must accompany the acquisition statement:

  • A complete and executed copy of the share/unit sale agreement or other agreement(s) relating to the relevant acquisition disclosed in Part D of the statement. If requesting a lesser interest to be determined under (D) or (E) of Part D, please also provide full details of the basis for the request including all supporting documents,
  • Details of how the amounts in Part E have been estimated. For each of the landholder’s Victorian land holdings, please also provide details of the land’s address, certificate of title volume and folio numbers, a copy of the current municipal rates notice and any valuation(s) prepared by an accredited valuer,
  • The landholder’s statement of financial position (balance sheet) for the year immediately before the year in which the relevant acquisition occurred,
  • If applicable, copies of all uncompleted agreements for the sale or purchase of land at the date of the relevant acquisition, and
  • If a claim for a reduction of duty is being made in Part F, copies of the stamped instrument(s) evidencing the payment of duty

These documents may be submitted in an electronic or hardcopy format, depending on how you choose to complete and lodge the acquisition statement.

4

Lodge statement with supporting documents

Depending on which version of the statement you have completed, you can either lodge online or by email or ordinary mail.

Lodging a SmartForm statement

If you have completed the SmartForm version of the acquisition statement, you will be asked to acknowledge that the information you have provided is true and correct. You must then provide:

  • The name of the signatory,
  • Their position and organisation, and
  • Signature date stamp (this appears automatically when the information field is activated)

Upon submitting the statement online, you can attach supporting documents. You will then be directed to a receipt page, to download and save a copy for your records. The receipt page includes a receipt number, which is evidence of the lodgement of the smart form and a reference number for making a payment of duty.

Lodging a static statement

If you have completed the static version of the acquisition statement, please mark it to the attention of The Manager, Landholder Acquisitions Branch, and lodge it with the accompanying supporting documents either by email or ordinary mail to the following addresses:

Email

landholder@sro.vic.gov.au

Mail

State Revenue Office
GPO Box 1641, MELBOURNE VIC 3001

or

State Revenue Office
DX 260090 MELBOURNE

 

Important notes

You will receive written acknowledgement when we receive your acquisition statement and supporting documents.  If further information is required, you will be notified.

To avoid the imposition of penalty tax and interest, duty must be paid within 30 days after the date of the relevant acquisition.

Payments can be made by either EFT or cheque.

If you have lodged the SmartForm version of the acquisition statement, please quote your receipt number as the relevant reference number for your payment.  Otherwise, please quote the payer’s name.

If you require assistance with these payment options, please contact the Landholder Acquisitions Branch on 03 9628 0123.