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Company Title Property

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Last updated: 23 March 2012

What is company title property ownership?

Company title property ownership occurs where a block of flats, units or apartments is held under a single title. A person with company title property ownership purchases a share in the company that owns the property, rather than purchasing the title for the individual property in which they live.

This is different to arrangements where the principal residence of the person is owned or transferred to a controlled private company or a controlled private trust.

Assessment of a company title property

A person with company title property ownership is not regarded as a controller of the private company that owns their property. This is because they do not have the degree of voting interest, control or influence necessary to pass the private company control test. In many cases, a person with company title property ownership has reasonable security of tenure in the property in which they live. However, this can vary, depending on the contents of the company's articles of association or constitution governing occupancy of the units.

The following table provides reference points for the assessment rules of certain types of company title properties.

If the principal home is a company title property in which the person has shares that...

Then follow the assessment rules contained in ...

provide a right to occupy the property,

Homeowner's Basic Assessment Rules.    

don't provide a right to occupy the property,

Non-Homeowner's Basic Assessment Rules.    


The principal home has the meaning given by subsection 5LA(1) of the VEA and subsection 5LA(2) of the VEA. The principal home of a person is generally the place in which they reside. In certain circumstances, however, the principal home of a person can be the place in which they formerly resided. The following property is regarded as part of the principal home.

  • the residence itself (e.g. house, flat, caravan),
  • permanent fixtures (e.g. stoves, built-in heaters, dish-washers, light fittings and affixed carpets),
  • [glossary:curtilage:DEF/Curtilage] (i.e. two hectares or less of private land around the home where the private land use test has been satisfied, or all land held on the same title as the person's principal home where the extended land use test has been satisfied), or
  •       any garage, shed, tennis court or swimming pool used primarily for private purposes provided it is on the same title as the principal home.