Real Estate Tax

Real Estate Tax - Australia

We provide industry insights – locally and across borders

In a real estate market characterised by derivative funding and facing a wave of consolidation activity, a strong offshore interest in Australian real estate assets continues.

Because of our experience in developing cross-border investment structures, we’re ready to jump when any of our clients push the ‘go’ button on their international investment strategies – whether it’s into Australia or out of Australia.

From the use of funds as acquisition vehicles, like managed investment trusts (MITs), to the raising of 128F funding for development projects and construction allowance issues, we cover the spectrum of real estate tax issues. This offering is overlaid over our strong commercial real estate, funds, regulatory capability, enabling us to provide a co-ordinated ‘single desk’ service and market leading documentation.

The areas of real estate tax law we advise on include:

  • Foreign investment 
  • Joint ventures
  • Onshore/offshore structures and choosing the right vehicle
  • Stamp duty, land tax and other indirect and direct taxes (e.g. capital gains tax)
  • Real Estate Investment Trusts (REITs)
  • Capital allowances
  • Investment, trading and development
  • Construction allowance issues. 

Our experience advising on real estate tax law includes advising DEXUS Property Group on the stamp duty implications of its takeover, with the Canada Pension Plan Investment Board (CPPIB), of the Commonwealth Property Office Fund, an office sector-specific Australian Real Estate Investment Trust (A-REIT).

We have a full team specialising in this area.

Discover our latest insights into legal issues affecting your business

Australia's State and Territory budgets have continued a trend of imposing taxes on foreign investment in real estate. Find out more about the stamp duty and land tax surcharges across the country.

04 September 2017

The Victorian Government has announced that stamp duty will be removed from purchases under $600,000 by first home buyers.

06 March 2017

Queensland and New South Wales follow the Victorian lead by introducing new foreign investor stamp duty surcharges for transactions involving residential real estate.

16 June 2016

ASIC indicates that general class order relief will be provided to responsible entities for registered schemes to facilitat entry into the new AMIT regime.

02 June 2016