LVC Deferrals

Overview

A Lease Variation Charge (LVC) is payable when a lessee seeks to vary a lease and the lease variation is approved by a development approval under the Planning and Development Act 2007. A LVC is levied on the increased land value arising from a change in development rights contained in a lease.

Ordinarily, the LVC must be paid before a lease is varied, however lessees have the option to defer the payment of LVC to after the lease has been varied, where the amount of LVC exceeds a certain threshold.

  • From 1 July 2019, this threshold is reduced to $50,000. Previously lessees could only opt in to defer LVC if the LVC payable was at least $100,000.

From 29 October 2019, and pursuant to the Pathway to 4000 Gaming Machine Authorisations by 2020 (August 2018), gaming machine clubs that hold a class C licence under the Gaming Machine Act 2004 and that can demonstrate a public benefit through the development and/or use of the land subject to the LVC, may opt to defer the payment of LVC at market interest rate only.

Lessees can seek to take up these options by applying to the Commissioner for ACT Revenue. They can do this by completing an application form below.

The deferral commences when the lessee or lessees enter into a deferral arrangement with the Commissioner for ACT Revenue. The ACT Revenue Office will arrange for the signing of the deferral arrangement when the details of the deferral application form have been verified. Once the arrangement is entered, the lease can then be varied.

The deferral arrangement contains terms and conditions for the deferred payment of LVC, such as:

Interest will accrue on the amount of the LVC deferred at the market rate plus 1.8 percentage points per annum, from the time the LVC is deferred until payment is made in full. Interest will be calculated on a compounding basis.

Interest will accrue at the market rate only for certain gaming machine clubs that can demonstrate a public benefit through the development and/or use of the land subject to the deferred LVC.

Planning and Development (Lease Variation Charge Deferred Payment Scheme) Determination 2019 (No 2) – DI2019-236.

The earlier of:

  • The date a certificate of occupancy and use is issued for part, or all of, the building work for the development to which the LVC relates, or
  • The end of a four-year period commencing from the date of the lease variation.

Additional interest and penalty tax may accrue in addition to the commencement of proceedings to recover the unpaid LVC.

This will be reflected in the terms and conditions of deferral by way of a variation.

How to apply for a deferral of LVC?


Contact Details

Phone: (02) 6207 0028

Online: Contact Us

Post: ACT Revenue Office, PO Box 293, Civic Square ACT 2608