Proposed NSW formula to install State Land Tax permanently in lieu of stamp duty

Attention Tim McIntyre, Editor

Hi Tim,

The proposed State Land Tax (SLT) formula to be introduced in 2021 State Budget I believe will impact family homes on freehold land especially, in established residential areas. This is the fourth attempt by the current NSW Government / Treasury, to impose a catchall SLT. It only targets land that is now SLT-exempt.

The Carr Governments

Imposed SLT selectively on family homes (premium property land tax} it collapsed, however, soon imposed SLT on every commercial and private funded rental housing in NSW. (Tax-free threshold was removed)

That effort lasted just 12 months and Carr and Egan resigned soon after its implementation.

Attempts to impose a catchall SLT

Barry O’Farrell Proposed a catchall levy on all land. Did not proceed
Mike Baird Proposed 0.7% SLT on all land. Did not proceed. (Mike Baird was provided data that would see him defeated in Manly)
Gladys Berejiklian Proposed catchall levy on land to fund Emergency Services. Postponed.
Dominic Perrottet Proposes, initially, a formula to avoid Stamp Duty if(!) the purchaser agrees that SLT-exempt land becomes perennially liable to SLT.

None of the politicians above advised homeowners that, unlike business land, the Family Homes cannot deduct costs against Federal Tax liability. For example, SLT, Council, Water, Energy, Repairs/Maintenance, interest, insurance, GST etc

None respond to correspondence regarding SLT’s impact on rental housing and small business.

Dominic Perrottet’s NSW Treasury formula only applies to land now not liable to SLT such as the family home, farms, nursing homes, boarding houses and so on. They are all proposed to become perennially liable for SLT when the first purchaser elects to avoid stamp duty.

Many homeowners may not be aware SLT is an annual tax, annually adjusted to annual Site Value adjustments and that it taxes site value (not UCV). SLT prime impact is upon freehold land enforced by severe recovery options.

Family Homes on freehold land in established residential areas are the formula targets, such as those in Council areas The Courier Newspapers publish in. 

The formula seeks to fly under homeowners’ radar while handing a tax windfall to property developers, dealers, renovators, shor-term owners, spec builders. All of those groups avoid stamp duty but, by agreeing, exempt land use becomes, perennially liable for SLT.

First home buyers can be assisted by State by waiving stamp duty instead of seeking to SLT existing family homes etc. Already, NSW taxation, charges, and so on  are at usary levels without going after family homes and farmers.

SLT has decimated privatel- funded exclusively rental housing, especially in established residential areas, yet Governments invest billions in subsidized rental housing because of rental crises.

State revenue on land sales in 2020

The table below shows the massive sums collected in SLT and SD on land sales. It includes data from one year only from the Randwick, Waverley, Woollahra and City of Sydney Council areas.

  SLT on private rental housing SLT on business lands SD on land sales only Total
Randwick $86,000,000 $21,000,000 $225,000,000 $332,000,000
Waverley $73,000,000 $23,000,000 $125,000,000 $221,000,000
Woollahra $84,000,000 $20,000,000 $285,000,000 $389,000,000
Sydney $107,000,000 $640,000,000 $788,000,000 $1,535,000,000

All rounded total: $2,477,000,000.

Note that this figure is conservative, and the does data does not include revenues received after 4 November 2020. Data was provided by NSW Treasury.

Regards,
Mike Danzey

Land Tax data – Woollahra

A comparative survey of:

  • Council Land Rates 2009/2010
  • State Land Tax 2010
  • State Stemp Duty on Land Sales 2008/2009

woollahra chart

Unpegged State Land Tax

Property owners and their tenants in 2010 paid a total State land tax bill of $67,762,639.

1451 Small business paid $11,544,415

6284 Rental housing paid $56,218,224

By comparison.

Pegged Woollahra council land tax ‘rates’ revenue

Property owners and their tenants if rented in 2009/10 paid a total council land tax bill of $27,335,593.

2423 small business paid $ 4,308,593

24128 residential paid $23,027,306

State land tax on Woollahra rental housing, EXCEEDS, Woollahra council total land tax revenue by $28,882,631

This is common in most LGAs in the Sydney region and coastal council’s.

This Woollahra situation is common in most LGAs as  unpegged State land tax undermines rental housing, while restricting council revenues  by rate pegging, thus forcing councils to rely on parking meters and fines. This financial strangulation of councils is connected

The treasury agenda that has caused the removal of 100s of rental apartment blocks was also the policy of the previous Labor State government, who constantly feigned concern about a rental crises while undermining rental housing.

It is not generally appreciated how this was/and is still being done. Please read through the information on the landtaxforum.com.au which will give a precise how and why.

We think State land tax is used as a stealth-planning instrument to undermine existing use of freehold land and promote its development as strata lots. Just look at how accommodation hotels have been driven to strata, and the 100’s of previously exclusively rental apartment blocks.

Council Land tax ‘Rate’s’ are pegged and politically enables unpegged State land tax to target freehold land used as rental housing and small business. Nevertheless, Local government leaders are calling for the end of ‘rate pegging’.

It is my experience they have not appreciated the consequences of this on the existing use of freehold land. The paradigm is how and why unpegged state land tax has undermined liable freehold lands existing use.

The comparisons have been carried out since 2001 and display the significant growth in state land tax in all LGAs especially upon rental housing . That exposes the wreckage state land tax agenda has delivered to rental housing.

Premier Bob Carr refused to respond to our letter to him as member for Maroubra and (former) Premier.

Landtaxforum will be displaying the comparative graph of various councils exposing the ruthless treatment of rental housing and small business in 2010.

Mike Danzey, valuer.