Queensland Consolidated Acts Queensland Consolidated Acts(1) For all purposes in relation to the imposition, assessment or recovery of land tax in relation to land comprised in a parcel, the following provisions shall have effect--
(a) the relevant unimproved value of the land comprised in a parcel shall be apportioned by the commissioner between the lots comprised in the parcel in proportion to the lot entitlements of the respective lots as shown on the registered plan;
(b) the body corporate shall not be liable in respect of the parcel for land tax;
(c) subject to any concessions or exemptions which may be applicable, each lot shall be deemed to be a separate parcel of land with a relevant unimproved value equal to that apportioned to it under paragraph (a);
(d) in the case of a building units plan--
(i) subsections (2) and (3) apply to a lot deemed to be a separate parcel of land under paragraph (c) in lieu of sections 11(6A) and 13(1)(h) where the owner of the land is such otherwise than in the capacity of trustee; and
(ii) subsection (3A) applies to a lot deemed to be a separate parcel of land under paragraph (c) in lieu of section 11(6D) where the owner of the land is such in the capacity of trustee;
(e) in the case of a group titles plan--sections 11(6A), 11(6D), 13(1)(h) and 13(3) apply to the parcel and for the purpose of such application each lot together with the portion of the common property appurtenant thereto that bears to the whole of the common property the same proportion as the undivided share of the owner of the lot bears to the whole estate in the common property shall be taken to be 1 parcel owned by that owner.
(2) In addition to any deduction allowable under section 11(3) where an owner owns a lot (otherwise than in the capacity of trustee), deemed to be a separate parcel of land under subsection (1)(c) and shown on a building units plan, that is used as the owner's principal place of residence but that lot is not exempt under subsection (3), in calculating the taxable value of all land owned by the owner the allowable PPR deduction must be deducted.
(3) A lot, deemed to be a separate parcel of land under subsection (1)(c) and shown on a building units plan is exempt from taxation under this Act if--
(a) the lot is owned by a person other than in the capacity of trustee; and
(b) the lot is used by the person as the person's principal place of residence and is not used for a substantial non-PPR purpose; and
(c) the person owns no other land in Queensland and is not taken under a provision of this Act to own any other land in Queensland.
(3A) Where a lot is deemed to be a separate parcel of land under subsection (1)(c) and is shown on a building units plan and is owned by a person in the person's capacity as trustee and is used as the principal place of residence of all the beneficiaries of the relevant trust who were such beneficiaries at midnight on 30 June immediately preceding the financial year in and for which the land tax is levied, in calculating the taxable value of all land owned by the person in the person's capacity as such trustee the allowable PPR deduction must be deducted.
(3B) A trustee of a trust shall not be allowed the benefit of a deduction under subsection (3A) where--
(a) the trustee of another trust has obtained the benefit of that deduction or the benefit of a deduction under section 11(6D); or
(b) in calculating the amount of land tax payable by a company under section 11C(1) account was taken of a home unit which is used as the principal place of residence of all the beneficiaries of a trust;
and a beneficiary of the firstmentioned trust bears to a beneficiary of a trust referred to in paragraph (a) or (b) the relationship of mother, father, sister, brother, spouse, stepmother, stepfather, stepsister or stepbrother unless the commissioner is satisfied that the firstmentioned trust and a trust referred to in paragraph (a) or (b) were not established by or on the instructions of the same person.
(4) In this section, the following have the meanings assigned to them by the Building Units and Group Titles Act 1980--
body corporate, building units plan, common property, group titles plan, lot, lot entitlement, parcel and registered plan.