Land holder duty

A landholder is a person or entity, such as a private company or a private unit trust scheme, that owns land in the ACT.

If you acquire an interest in a landholder, such as through the issue of shares or units, you may owe landholder duty if it’s a ‘relevant acquisition’. A relevant acquisition is one that equates to a significant interest. An acquisition is also relevant if, when you combine it with other interests you hold in the landholder or with associated transactions, it amounts to a significant interest. You hold a significant interest in a landholder when, if you were to distribute all of the landholder’s property, you would get at least 50 per cent of that property.

Landholder duty is complex; if you’re acquiring an interest in an ACT landholder, we recommend seeking legal advice.

Calculating your duty

The ACT Government calculates landholder duty using the same rates as conveyance duty for commercial properties. It’s based on the property value of the interest you acquire in the ACT landholder.

Paying duty

Within 90 days of your acquisition, you need to lodge:

· a completed Landholder Transfer of Unlisted Shares, Units and Interests Lodgement Form;

· the supporting documentation specified in the form; and

· the transfer executed by both parties.

Be sure that all of the details in your documentation are true and correct; giving false or misleading information is a serious offence.

You can lodge your documents either over the counter or by post. To lodge them over the counter, visit:

Access Canberra Environment, Planning and Land Shopfront
Dame Pattie Menzies House
16 Challis Street
Dickson ACT 2602.

To lodge them by post, send them to:

ACT Revenue Office
PO Box 293
Civic Square ACT 2608.

You can pay your duty at the time of lodgement or after. Visit our Duty payments page for more information on paying your landholder duty.