South Australian Consolidated Acts South Australian Consolidated Acts13—Cases of multiple ownership and aggregation of value
(1) If two or more
persons are owners of the same land but not all in the same capacity 1 ,
the Commissioner may treat all who are owners of the land in one particular
capacity (to be decided by the Commissioner) as—
(a) the
sole owner or owners of the land; and
(b) the
sole taxpayer or taxpayers for the land.
(2) If
the Commissioner treats a person or persons as the sole owner or owners of
land under subsection (1), the aggregation principle applies as if that
person or those persons were the sole owner or owners of the land.
(3) The
aggregation principle is subject to the following qualifications:
(a) if
two or more persons are the taxpayers for the same land, the taxable value of
the land will not be aggregated with the taxable value of—
(i)
other land for which one or more, but not all, of those
persons is or are the taxpayer or taxpayers; or
(ii)
other land for which one or more of those persons and
some other person are the taxpayers;
(b)
subject to subsection (3a), if land is held on trust (other than a trust
arising because of a contract to purchase or acquire an estate or interest in
the land), notice of the trust is given as required by regulation, and the
trustee is the taxpayer for the land, the taxable value of the land will not
be aggregated with the taxable value of other land owned by the same taxpayer
unless the other land is held in trust for the same beneficiary.
(3a) If two or more
portions of land comprising the whole or a part of a certificate of title are
held on trust for two or more beneficiaries, the qualification to the
aggregation principle under subsection (3)(b) does not apply and
the Commissioner may treat all the land comprising the certificate of title as
the one piece of land.
(4) If two or more
trustees own land separately, but subject to the same trust, the Commissioner
may treat any one of the trustees as the owner or owners of all the land
subject to the trust.
(5) For the purposes
of this section, the various capacities in which a person may be the owner of
land are as follows:
(a) as
legal owner;
(b) as
equitable owner;
(c) as
prospective owner (ie a person who has entered into a contract to purchase or
acquire an estate or interest in the land);
(d) as
lessee under a perpetual lease or a shack-site lease;
(e) if
the land is in a defined shack-site area—as occupier.
(6) This section
applies subject to the operation of section 13A.
Note—