Fighting the Land Tax Grab

Steve Greenwood | Friday, 19 February 2010 12:01 AM | 26 Comments

This is a fight that didn’t need to happen – but unfortunately the Government elected to try-on Queensland’s property investors in the misplaced belief they could get away with it.

The ill conceived Valuation of Land and Other Legislation Amendment Bill 2010 introduced into parliament last week by the Government is nothing short of a disgrace.

This is the third significant government policy announced in the last few months without adequate consultation - the others being the removal of covenants and the Koala SPP. The adverse results of the Government’s recent pigheaded approach are clear for all in industry to see – they are crippling investment in Queensland. The problem we have is that the Government just doesn’t seem to get it.

The evidence is readily available. It was only two weeks ago that the Property Council released our Office Market Report showing that Brisbane and the Gold Coast are experiencing the highest office vacancies in 15 years. This is not evidence of a region doing well.

We are in no doubt that the Government has not considered (or at best doesn’t understand) the full ramifications of the proposed changes to the valuations system – most alarmingly the Government doesn’t even see them as changes. In his speech to Parliament the Minister said that “the Government’s policy has always been to value land as developed”.

In the last week I have not come across a single valuer who agrees with that interpretation. In fact the directors of Queensland’s major valuation firms have come out strongly in condemning the Government’s unworkable legislation.

This Bill makes the ‘un’ in ‘unimproved value’ redundant. But instead of dropping the ‘un’ the State wants to re-write the dictionary so that the word unimproved actually means improved. It appears the people at the Macquarie Dictionary also have a battle on their hands.

We know the proposed changes will destroy property values and capital investment in Queensland, but the Government seems confused. Aspects of this Bill including the definition of ‘unimproved value’ and the appeals process appear removed from reality; but the Government thinks it can work.

So where do we go from here?

The first thing is that the fight is far from over. Over the years the Property Council has made a name for itself as an effective industry advocate. This is what we do.

We have launched a major campaign “Fighting the Land Tax Grab” and in conjunction with other key industry associations plan to continue the fight until we secure a win.

We have established a voluntary Fighting Fund to support the campaign – we are and will continue to be heard on this issue. As we have done, we will keep our members in the loop as to our activities.

I want to reiterate something that we have said to all of our members in recent member alerts. You can play an important part in this campaign. You can:

  1. Write to the Premier and your local member expressing your strong opposition and point out the destructive effect this will have on investment and development in Queensland – and encourage all of your clients and networks to do the same.

  1. Consider contributing to the voluntary Fighting Fund and support our campaign to raise media, community and parliamentary understanding of this issue. Much more is planned on the media front – contact me directly if you are able to contribute (sgreenwood@propertyoz.com.au or 0488 721 156).

I want to thank those members that have contributed time, energy and resources to the campaign so far. It has been invaluable. Let’s keep up the pressure.


 

Steve Greenwood | Friday, 19 February 2010 12:01 AM | 26 Comments

Comments on this post

  • Broderick McDonald said...

    regarding the new proposed land tax.With regard to shopping centre leases: legislation was recently passed in relation to the recovery of land for non-retail leases.Why didn't that extend to cover the recovery of land tax from tenants for retail leases as well? If the new legislation is passed they should extend to allow recovery for retail leases as well or not include shopping centres in the new valaution mechanisms that are being proposed. Regards Broderick McDonald.

    Posted Friday, 19 February 2010 10:44 AM

  • Broderick McDonald said...

    Land tax .The recovery of land tax from non-retail leases came in as of july 2009.Why did it not cover the recovery of land tax from tenants on retail leases?If the new amendments are passed it should allow landlords to recover land tax on retail leases from tenants. Regards Broderick McDonald

    Posted Friday, 19 February 2010 10:50 AM

  • Peter Roberts said...

    In response to Broderick. Even if Land Tax can be recovered from tenants, it is still a tax on business. Regards Peter

    Posted Friday, 19 February 2010 12:17 PM

  • David Loxton said...

    The government will stream roll the average investor and small business owner.The problem is that voting public will be thinking about Westfield and the likes and think it is only justified that the government tax the wealthy business. Little does the average joe know that this tax effects every Queenslander as occupancy cost will be rise and cost of goods and services must also rise. Not to mention the deflationary effect on property prices. You must have a very clear and simple message that exposes the government as a poor economic manager targeting small business and investors to fill their coffers. Like any good democracy we should boycott the tax or only pay a portion of the tax only then will the government listen. Truth is they can not take everyone to court!!!! if you are going to beat this you need to take real action... David Loxton

    Posted Friday, 19 February 2010 6:13 PM

  • Allen Crawford said...

    There are 6 essential problems with the legislation. 1. The legislation is so complex there is no possiblity it can be implemented with any degree of equity. Each property must be individually treated which cannot happen in a mass appraisal system. Therefore it can only be applied intermittently which is inequitable. 2. The retrospective nature of the legislation will do enormous damage to investment in Australia not just Queensland. Australia has been seen as a safe place to invest as the Government was subject to the law. This action shows that Government in Australia is above the law. 3. The objection process denies justice to property owners in Queensland. The Bill puts the Government above the law. It can lapse an objection without any recourse. In a recent appeal the Land Court rejected the Governments approach as their conduct was not something the court could condone. This legislation removes from the court the ability to prevent this behaviour being repeated. 4. There are many potentially unintended circumstances. In some instances the new unimproved value may be argued by the Government to be equal the market value value of an improved property developed to its maximum potential and fully leased at market rental. The property category where this may be argued is a heritage property. 5. The Directors of the 13 major Valuation Practices in Queensland agree that the legislation will decrease the value of all investment property in Queensland by between 10% and 20%. 5. Quite contrary to statement by the Minister the implementation of this Bill will be a seismic shift in the valuation process. 6. Quite contrary to statements by the Minister this legislation affects residential property including owner occupation as it does commercial property. There is no differentiation between the asset classes.

    Posted Saturday, 20 February 2010 8:22 PM

  • James Smith said...

    This Queensland Government is and will continue to be the downfall for our state.With the increases on land Tax last year (our increase was up 48% for Brisbane city and central Surfers Paradise properties) and this New legislation about to go through, its going to cause MAJOR DAMAGE... to all QLD companies,no doubt about it!!!!!!Couldn't come at a worse time!!!

    Posted Monday, 22 February 2010 8:32 AM

  • Dr Yan said...

    I am planning to buy an investment property at present. If land tax has to be paid for investment property based on new legislation, I will not buy it for sure. Consequence will be that rental properties will become less and less, causing a big problem in QLD.

    Posted Tuesday, 23 February 2010 12:24 PM

  • Geoff Orman said...

    This is a definite no to this new tax hasn't this govt taxed the community enough now surely Bligh and her band cannot be that broke. If this goes ahead the investors will become less and hence less renatl properties of which there is already a shortfall.

    Posted Tuesday, 23 February 2010 12:37 PM

  • Alan James said...

    My wife and I have an investment property as part of our superannuation. Because we have a self managed fund the land must be in the name of a trust which means it is subject to land tax. This means that every year we are hammered by tax and rates on a vacant block of land that we would not have to pay if we were allowed to own this land in our own names. If the tax increases go through we will be forced to sell our land to make these payments. Surely super funds should be exempt from this insidious tax.

    Posted Wednesday, 24 February 2010 7:46 AM

  • Andrew Harvey said...

    We have several investment properties{the bank and us that is}and this is the only superanuation we have got.We are just making ends meet and fear this tax would be the end . Worried Investor Regards Andy

    Posted Wednesday, 24 February 2010 8:12 AM

  • Alan James said...

    Andrew; I am at this very moment writing to my local state MP and the premier to advise them of our desparate situation. I urge you to do the same.

    Posted Wednesday, 24 February 2010 9:06 AM

  • Michael Scott said...

    How is rural land caught in this new tax when land used for primary production is exempt from land tax?

    Posted Wednesday, 24 February 2010 3:45 PM

  • Mike Mackenzie said...

    We certainly do not need any more taxes on our land,as this surely leads to a rise in our rates

    Posted Wednesday, 24 February 2010 4:20 PM

  • James said...

    Spot on.

    Posted Wednesday, 24 February 2010 7:37 PM

  • Colin Law said...

    I agree with a number of other contributors that a significant worsening of the rental crisis may be an unintended consequence of this legislation. I also opted for property for the bulk of my superannuation. My calculations are that the adoption of the proposed valuation method would see my already onerous land tax liability increase by 300%! I haven't been game to do any calculations based on any retrospective valuations being applied. I will certainly have to begin selling a number of houses should this legislation be passed. Good luck to anyone trying to rent in Brisbane.

    Posted Thursday, 25 February 2010 12:43 PM

  • Chris said...

    Re Michael Scott's question on the implications for rural land, AgForce has said that the changes will increase rates and freehold rents on rural land. See their media release at -http://www.agforceqld.org.au/index.php?tgtPage=news&id=view,31

    Posted Friday, 26 February 2010 10:45 AM

  • Matt Doolan said...

    I would support increases in land tax if income tax and/or GST were reduced. Allen Crawford said above that property values will drop. Isn't this the way to solve the affordability crisis? Land tax won't stop development just land speculation.

    Posted Monday, 1 March 2010 10:32 AM

  • Concerned Citizen said...

    Urgent Attn: Steve Greenwood This is the time to start the TEA (Taxed Enough Already) party movement in Oz ! Good Luck ! CC

    Posted Thursday, 4 March 2010 4:45 PM

  • Carla said...

    This is a real worry. As my husband and I have several rental properties in a lower social economic area and just managed to make ends meet now, with rates at the cost they are and all other expenses. We will have to sell and have no monies for our retirement. Hope the government will still pay a pension!!

    Posted Friday, 5 March 2010 11:19 AM

  • Ian Hargraves said...

    From what I have read, a part of this "NEW" valuation is profit/goodwill . I thought the only body able to tax income from profits is the ATO.Over to the Constitutional lawyers.As the State Government is obviously past caring,The Federal Government needs to be informed of the voter backlash this insidious act will generate.This may be the only way to stop attack on asset values.

    Posted Friday, 5 March 2010 1:56 PM

  • Jon B Greenwood said...

    For God`s sake, does this incompetent State Government ever stop crucifying its citizens? Queensland has already become the most expensive state to live in, thanks to the continuing greed and stupidity of the Bligh Government. There are lots of landholders out there now who will be battling to survive under the "Forced Amalgamation /Increased Rates" structure that has been imposed by these idiots. ....Now they want to drive a stake through our hearts to make sure that we are dead. LABOR!....I feel like vomiting!

    Posted Friday, 5 March 2010 3:25 PM

  • Les said...

    I am seeing a return to 1985 - 87 right here !! Remember those times? You'd think subsequent Labor Govt's would learn the lessons from history - wouldn't you? Or maybe I'm just a dreamer. I'm with Dr. Yan If this goes ahead, this will hurt MANY battlers (myself included) who are living almost day-to-day with investments ever since GFC. I'm battling on, but selling one soon, and maybe another to follow quickly. This kind of action from Qld Govt is a serious kick in the teeth. Les

    Posted Friday, 5 March 2010 7:01 PM

  • Deborah Lovelock said...

    I have been personally complaining to the Government for several years regarding the increase in the Land Valuations and Land Tax charges. Not until I found out about The Property Council and the fiasco about the Land Valuations of the shopping centres that I now can see what has been happening to us - all property investors. There should be a Law Suit against the Government for the illegal way they have increased these land values. I would be happy to sell my property to the DERM for the current UCV! It is ridicilous and then the rates charged on this value is outrageous and cannot be sustained. If they want to Value property this way and charge this amount of Land Tax the CAPITAL GAINS TAX SHOULD BE ABOLISHED.... We are continually taxed. Stamp Duty, Land Tax, Rates, CGT, Income Tax, etc etc. It has got to come to an end - get your hands out of our pockets. It is not worthwhile to invest in property any longer. Thanks to Government for stuffing up retirement. Everyone down the line suffers. Deb

    Posted Monday, 8 March 2010 2:31 PM

  • Josh said...

    Sorry - but I'm kind of glad this may happen to bring some sanity back to property prices. The property investors here have had a chance to accumulate and ride the property bubble for some time. Unfortunately this has made property unaffordable to the younger generation. So who's it going to be? Investors keep buying/accumulating and selling at higher prices to keep the young ones out? Or are the young ones (who are going to be paying your pension) a chance to move ahead in life? And before everyone says "I worked damn hard for a long time to get to where I am" - isn't this exactly what everyone is telling the younger generation? Alright - flame away :)

    Posted Tuesday, 9 March 2010 5:47 AM

  • Antonia said...

    I am very worried, I am 65 year, get no pension from the government, my husband has to work every day, we have a block of land and try to build units, in the meantime we have to pay, 3x rates, Trust Landtax etc., and all we try to do, to finance our own retirement for in the future. I have no hope, the government does not listen, I am very worried

    Posted Tuesday, 9 March 2010 10:39 AM

  • Avriel Tyson said...

    Another tax - more Government greed -Queensland has just had 12 months of drought, hugh fires, now hugh floods and we are to hit by another tax, that we do not need.

    Posted Wednesday, 10 March 2010 4:45 PM

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