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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 online lodgement form 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

This form must be completed and lodged online.

Supporting documents must be converted to an electronic format and attached as part of the lodgement process.

Complete 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 the statement. If requesting a lesser interest to be determined for the acquisition of economic entitlement or control, please also provide full details of the basis for the request including all supporting documents,
  • Details of how the landholdings 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,
  • If a claim for a reduction of duty has been made under section 89A of the Act, copies of the stamped instrument(s) evidencing the payment of duty, and
  • If applicable, evidence of the ownership of shares in the head company immediately after issue, if not apparent from the ASIC extract (or foreign equivalent)

These documents must be converted to an electronic format and attached as part of the lodgement process.

4

Lodge statement with supporting documents

The statement can be completed and lodged online.

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.

Important notes

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.

Please quote your online lodgement tracking code 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.