Qld Commercial Leases – Landlords look likely to recover Land Tax from tenants

by Andrew Lind on 26 June, 09

It is proposed that the Land Tax and Taxation Administration Amendment Bill 2009 (Qld) be enacted and to take effect from 30 June 2009.

If this Bill is enacted implications include: 

1. Commercial leases entered into after 30 June 2009 – Landlord can recover Land Tax as outgoing.

2. Pre-existing leases – Land Tax is not recoverable by landlord (even if the lease is renewed or assigned after 30 June 2009).

3. Retail Shop Leases & residential leases – not affected by this – landlord cannot pass on Land Tax liability to the tenant.

Rationale – this brings the Queensland Act in line with the other States & affords some protection to landlords against unexpected hikes in land tax.

Need help with a Commercial Lease or a Retail Shop Lease in Queensland? Contact Dave Cheng.

{ 2 comments… read them below or add one }

Iram June 10, 2010 at 9:52 am

I am leasing space at around 4800 /month. The practice closed in Feb 2010, but I still continued to pay the full rent. At the moment, I am financially very much stuck. I have tried paying the rent to the owner to the best of my efforts, but at this stage, I cannot afford to pay him any more rent. I have requested him to break the rent in small payments, but he is not agreeing to that. I have got assets, and I am trying to sell them, but in today’s market, nothing is selling. I am willing to pay him in full, once any of my assets sell.

Andrew Lind June 11, 2010 at 3:38 pm

I assume that the Landlord and you have been actively trying to re-lease the property. Landlords generally have a legal duty to mitigate thier loss by seeking another tenant.

I note you have spoken to our Client Services Manager. Let us know if our Leasing/Property Lawyers can be of any help.

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