RETAIL LEASES ACT 1994 - SECT 26
Limit on recovery of land tax
RETAIL LEASES ACT 1994 - SECT 26
Limit on recovery of land tax
26 Limit on recovery of land tax
(1) A provision of a retail shop lease
which requires the lessee to pay money to the lessor in respect of outgoings
attributable to land tax payable by the lessor is taken to include provision
that the liability of the lessee is not to exceed the amount of that liability
had the amount of land tax payable by the lessor been assessed on the basis
that--
(a) the land concerned was the only land owned by the lessor, and
(b)
the land concerned was not subject to a special trust (within the meaning of
the Land Tax Management Act 1956 ), and
(c) the lessor was not a company
classified under section 29 of that Act as a non-concessional company.
(2)
The
"land concerned" is the land on which the building or retail shopping centre
of which the retail shop forms part is situated, together with all the other
land of the lessor used or available for use by or for the benefit of the
lessees conducting business in that building or retail shopping centre or in
connection with trading in that building or retail shopping centre. In the
case of a shop comprising a lot in a strata scheme under the
Strata Schemes Development Act 2015, the
"land concerned" is the lot.
