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TASMANIA
__________
TAXATION AND RELATED LEGISLATION
(MISCELLANEOUS AMENDMENTS) BILL (No. 2)
2008
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
PART 2 DUTIES ACT 2001 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 4 inserted
4. Meaning of child for purpose of definition of
"related person"
6. Section 6 amended (Imposition of duty on certain transactions
concerning dutiable property)
7. Section 9 amended (What is dutiable property?)
8. Section 16 amended (No double duty)
9. Section 31 amended (Interim payment of duty)
10. Section 35 amended (Vesting order)
11. Section 39 amended (Property vested in an apparent purchaser)
12. Section 199 amended (Exemptions)
13. Section 219 amended (Duplicates or counterparts)
14. Section 220 amended (Replicas)
[Bill 51]-I
15. Section 247 amended (Valuation of property)
PART 3 DUTIES ACT 2001 FURTHER AMENDED
16. Principal Act
17. Section 9 amended (What is dutiable property?)
18. Section 25 inserted
25. Partnership interests
19. Section 53 amended (Exemptions relating to various
transactions)
PART 4 FIRST HOME OWNER GRANT ACT 2000 AMENDED
20. Principal Act
21. Section 3 amended (Interpretation)
22. Section 23 substituted
23. Power to correct decision
23. Section 25 amended (Objections)
24. Section 31A inserted
31A. Authorised officers
25. Section 38 amended (Power to require repayment and impose
penalty)
26. Section 39 amended (Power to recover amount paid in error,
&c.)
27. Section 39A inserted
39A. Recovery of grants and costs from third parties
PART 5 LAND TAX ACT 2000 AMENDED
28. Principal Act
29. Section 6 amended (Principal residence land)
PART 6 LAND TITLES ACT 1980 AMENDED
30. Principal Act
31. Section 170B amended (Duty of Recorder to transmit notices)
PART 7 PAYROLL TAX ACT 2008 AMENDED
32. Principal Act
33. Schedule 2 amended (Tasmania-Specific Provisions)
2
PART 8 STRATA TITLES ACT 1998 AMENDED
34. Principal Act
35. Section 21 repealed
PART 9 TAXATION ADMINISTRATION ACT 1997 AMENDED
36. Principal Act
37. Section 29A inserted
29A. Payment of interest
3
4
TAXATION AND RELATED LEGISLATION
(MISCELLANEOUS AMENDMENTS) BILL (No. 2)
2008
(Brought in by the Premier, the Honourable David John
Bartlett)
A BILL FOR
An Act to amend the Duties Act 2001, the First Home
Owner Grant Act 2000, the Land Tax Act 2000, the Land
Titles Act 1980, the Payroll Tax Act 2008, the Strata Titles
Act 1998 and the Taxation Administration Act 1997
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Taxation and
Related Legislation (Miscellaneous
Amendments) Act (No. 2) 2008.
2. Commencement
(1) Except as provided in this section, this Act
commences on the day on which this Act
receives the Royal Assent.
[Bill 51] 5
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2008
Act No. of
s. 2 Part 1 Preliminary
(2) Parts 3 and 7 are taken to have commenced on
1 July 2008.
6
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2008
Act No. of
Part 2 Duties Act 2001 Amended s. 3
PART 2 DUTIES ACT 2001 AMENDED
3. Principal Act
In this Part, the Duties Act 2001* is referred to
as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting "parent and child, brothers,
sisters, or brother and sister" from
paragraph (a)(ii) of the definition of
"related person" and substituting
"grandparent and grandchild, a parent
and child, brothers, sisters, or brother and
sister";
(b) by omitting the definition of "trading
undertaking".
5. Section 4 inserted
After section 3 of the Principal Act, the
following section is inserted in Part 2:
*No. 15 of 2001
7
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2008
Act No. of
s. 6 Part 2 Duties Act 2001 Amended
4. Meaning of child for purpose of definition of
"related person"
For the purpose of the definition of
"related person" in section 3, "child"
includes a step-child and an adopted
child.
6. Section 6 amended (Imposition of duty on certain
transactions concerning dutiable property)
Section 6(1)(b) of the Principal Act is amended
by omitting subparagraph (v) and substituting
the following subparagraph:
(v) an application for the amendment of a
strata plan, made in accordance with
Division 6 of Part 2 of the Strata Titles
Act 1998; and
7. Section 9 amended (What is dutiable property?)
Section 9 of the Principal Act is amended by
omitting subsection (2).
8. Section 16 amended (No double duty)
Section 16(4)(d)(i) of the Principal Act is
amended by omitting "the" first occurring and
substituting "a".
8
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2008
Act No. of
Part 2 Duties Act 2001 Amended s. 9
9. Section 31 amended (Interim payment of duty)
Section 31 of the Principal Act is amended as
follows:
(a) by omitting subsection (3) and
substituting the following subsection:
(3) The person liable to pay duty is to
obtain and provide to the
Commissioner, within 3 months
of the date of the interim
assessment of duty, evidence
acceptable to the Commissioner
of the dutiable value of the
dutiable property and
(a) is to resubmit the written
instrument or written
statement to the
Commissioner for further
assessment; and
(b) the Commissioner must
reassess the duty payable
on the dutiable
transaction.
(b) by inserting the following subsections
after subsection (6):
(7) The Commissioner may extend
the time or period for ascertaining
the dutiable value and
resubmitting a transaction for
further assessment.
9
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2008
Act No. of
s. 10 Part 2 Duties Act 2001 Amended
(8) A tax default is taken to have
occurred for the purposes of the
Taxation Administration Act 1997
if the person liable to pay duty
fails to obtain evidence
acceptable to the Commissioner
of the dutiable value of the
dutiable property and resubmit
the transaction to the
Commissioner for further
assessment within 3 months of
the date of the interim assessment
of duty, subject to subsection (7).
10. Section 35 amended (Vesting order)
Section 35 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "A" and
substituting "Subject to subsection (4),
a";
(b) by omitting from subsection (1) "were
the capital value of the land within the
meaning of the Valuation of Land Act
2001" and substituting "was the value
calculated by multiplying the capital
value of the real property as determined
under the Valuation of Land Act 2001 by
an amount representing the latest
estimated trend in capital values as
advised by the Valuer-General before the
10
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2008
Act No. of
Part 2 Duties Act 2001 Amended s. 11
date of the dutiable transaction relating to
that property";
(c) by inserting the following subsection
after subsection (3):
(4) For the purposes of
subsection (1), if, before land is
vested in the person applying for
the vesting order, the applicant
has made improvements to the
land, the dutiable value of the
land is to be determined as if
those improvements had not been
made.
11. Section 39 amended (Property vested in an
apparent purchaser)
Section 39 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(a)(i)
"money" and substituting
"consideration";
(b) by omitting from subsection (1)(a)(ii)
"money" and substituting
"consideration";
(c) by omitting paragraph (b) from
subsection (1) and substituting the
following paragraph:
11
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2008
Act No. of
s. 11 Part 2 Duties Act 2001 Amended
(b) a transfer of dutiable property
from an apparent purchaser to the
real purchaser if
(i) the dutiable property is
property, or part of
property, vested in the
apparent purchaser upon
trust for the real
purchaser; and
(ii) the real purchaser
provided the
consideration for the
purchase of the dutiable
property and for any
improvements made to
the dutiable property after
the purchase.
(d) by omitting subsection (2) and
substituting the following subsections:
(2) For the purposes of
subsection (1), consideration
provided by a person other than
the real purchaser is taken to have
been provided by the real
purchaser if the Commissioner is
satisfied that the consideration
was provided as a loan and has
been or will be repaid by the real
purchaser.
12
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2008
Act No. of
Part 2 Duties Act 2001 Amended s. 12
(3) This section applies whether or
not there has been a change in the
legal description of the dutiable
property between the purchase of
the property by the apparent
purchaser and the transfer to the
real purchaser.
Note: For example, if the dutiable property is land, this section
continues to apply if there is a change in the legal description of the
dutiable property as a consequence of the subdivision of the land.
(4) In this section
"purchase" includes an
allotment.
12. Section 199 amended (Exemptions)
Section 199(1)(f)(i) of the Principal Act is
amended by inserting "or deregistration" after
"winding-up".
13. Section 219 amended (Duplicates or counterparts)
Section 219 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(3) If the proper duty has not been paid on
the instrument referred to in
subsection (1), the person liable to pay
13
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2008
Act No. of
s. 14 Part 2 Duties Act 2001 Amended
the duty is the person liable to pay the
duty on that instrument.
14. Section 220 amended (Replicas)
Section 220 of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsection:
(1) Duty of $20 is chargeable on a replica.
15. Section 247 amended (Valuation of property)
Section 247(3) of the Principal Act is amended
by inserting "or if a property value is not
provided as requested" after "declared".
14
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2008
Act No. of
Part 3 Duties Act 2001 Further Amended s. 16
PART 3 DUTIES ACT 2001 FURTHER AMENDED
16. Principal Act
In this Part, the Duties Act 2001* is referred to
as the Principal Act.
17. Section 9 amended (What is dutiable property?)
Section 9(1) of the Principal Act is amended by
inserting after paragraph (d) the following
paragraph:
(i) a partnership interest, being an interest in
a partnership that has partnership
property that is dutiable property
elsewhere referred to in this section;
18. Section 25 inserted
After section 23 of the Principal Act, the
following section is inserted in Part 2:
25. Partnership interests
(1) The dutiable value of a partnership
interest is to be determined in accordance
with the following formula:
*No. 15 of 2001
15
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2008
Act No. of
s. 18 Part 3 Duties Act 2001 Further Amended
where
"DV" is the dutiable value;
"A" is the value of the partnership
interest, or so much of the
consideration for the dutiable
transaction as relates to the
partnership interest, whichever is
the greater;
"X" is the unencumbered value of all
dutiable property of the
partnership;
"Y" is the unencumbered value of all
assets of the partnership.
(2) If the property of a partnership includes a
land-related asset and an interest in the
land-related asset is transferred as a
result of the transfer of a partnership
interest, the unencumbered value of all
dutiable property of the partnership ("X"
in subsection (1)) is to be reduced by the
unencumbered value of the land-related
asset, but only if ad valorem duty has
been paid or is payable on the transfer of
the interest in the land-related asset or if
the transfer of the interest in the land-
related asset is exempt from duty.
16
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2008
Act No. of
Part 3 Duties Act 2001 Further Amended s. 19
(3) For the purposes of subsection (2), each
of the following items of dutiable
property is a land-related asset:
(a) land in Tasmania;
(b) a land use entitlement;
(c) an interest in an item of dutiable
property referred to in
paragraph (a) or (b).
19. Section 53 amended (Exemptions relating to various
transactions)
Section 53 of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (b):
(c) a transfer of dutiable property as
specified in section 9(1)(i) or (j)
but does not include land, made
between persons who are
relatives if the relative is
(i) a child or grandchild; or
(ii) a parent or grandparent;
or
(iii) a brother or sister; or
17
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2008
Act No. of
s. 19 Part 3 Duties Act 2001 Further Amended
(iv) a spouse or caring partner;
or
(v) a spouse or caring partner
of a child, grandchild,
brother or sister;
(b) by omitting paragraph (g).
18
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2008
Act No. of
Part 4 First Home Owner Grant Act 2000 Amended s. 20
PART 4 FIRST HOME OWNER GRANT ACT 2000
AMENDED
20. Principal Act
In this Part, the First Home Owner Grant Act
2000* is referred to as the Principal Act.
21. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by
omitting the definition of "authorised officer"
and substituting the following definition:
"authorised officer" means a person
appointed as an authorised officer under
section 31A;
22. Section 23 substituted
Section 23 of the Principal Act is repealed and
the following section is substituted:
23. Power to correct decision
(1) If the Commissioner decides an
application, and is later satisfied
(independently of an objection under this
Act) that
*No. 19 of 2000
19
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2008
Act No. of
s. 23 Part 4 First Home Owner Grant Act 2000 Amended
(a) the decision is incorrect; or
(b) the decision was made on the
basis of, or having regard to, false
or misleading information
provided by the applicant or a
third party; or
(c) the applicant failed to provide
information that was relevant to
the making of the decision on the
application, which they ought
reasonably to have provided; or
(d) the applicant failed to comply
with any condition(s) upon which
the grant was made, or failed to
comply with or meet any relevant
eligibility criteria
the Commissioner may vary or reverse
the decision.
(2) A decision cannot be varied or reversed
under this section more than 5 years after
it was made.
23. Section 25 amended (Objections)
Section 25 of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsection:
(1) An applicant who is dissatisfied with the
Commissioner's decision
20
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2008
Act No. of
Part 4 First Home Owner Grant Act 2000 Amended s. 24
(a) on the application; or
(b) to vary or reverse a decision in
accordance with section 23; or
(c) to impose a penalty under
section 38
may lodge a written notice of objection
with the Commissioner.
24. Section 31A inserted
After section 31 of the Principal Act, the
following section is inserted in Division 1:
31A. Authorised officers
The Commissioner may appoint persons
as authorised officers for the purposes of
this Act.
25. Section 38 amended (Power to require repayment
and impose penalty)
Section 38(1)(b) of the Principal Act is amended
as follows:
(a) by inserting "varies or" after
"Commissioner";
(b) by omitting "paid for any other reason"
and substituting "paid in accordance with
section 23".
21
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2008
Act No. of
s. 26 Part 4 First Home Owner Grant Act 2000 Amended
26. Section 39 amended (Power to recover amount paid
in error, &c.)
Section 39 of the Principal Act is amended by
omitting subsection (4) and substituting the
following subsection:
(4) The Commissioner may recover as a debt
due to the Crown
(a) an amount to which this section
applies; and
(b) any reasonable costs and
expenses incurred by the
Commissioner in connection with
the recovery, or attempted
recovery, by any lawful means of
the amount referred to in
paragraph (a).
27. Section 39A inserted
After section 39 of the Principal Act, the
following section is inserted in Part 4:
39A. Recovery of grants and costs from third
parties
(1) The Commissioner, by notice in writing,
may require any of the following persons
instead of the applicant (or former
applicant) for a first home owner grant to
pay any amount due under section 39:
22
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2008
Act No. of
Part 4 First Home Owner Grant Act 2000 Amended s. 27
(a) a person from whom any money
is due or accruing or may become
due to the applicant;
(b) a person who holds or may
subsequently hold money for or
on account of the applicant;
(c) a person who holds or may
subsequently hold money on
account of some other person for
payment to the applicant;
(d) a person who has authority from
some other person to pay money
to the applicant.
(2) A copy of the notice is to be served on
the applicant.
(3) The amount of money required to be paid
by a person under subsection (1) is
(a) if the amount of the money held
or due or authorised to be paid
does not exceed the amount
payable by the applicant to the
Commissioner, all the money; or
(b) if the amount of the money
exceeds the amount payable,
sufficient money to pay the
amount payable.
23
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2008
Act No. of
s. 27 Part 4 First Home Owner Grant Act 2000 Amended
(4) A person required to pay money under
this section must pay the money to the
Commissioner
(a) on receipt of the notice; or
(b) when the money is held by the
person
whichever is the later, or within any
period specified by the Commissioner.
(5) A person subject to a requirement of the
Commissioner under this section must
comply with the requirement.
Penalty: In the case of
(a) a body corporate, a fine
not exceeding 100 penalty
units; or
(b) in any other case, a fine
not exceeding 20 penalty
units.
(6) If the whole or a part of an amount is
paid by another person
(a) the Commissioner is to promptly
notify the person on whom the
notice was served of the payment;
and
(b) the notice is taken to be amended
accordingly.
24
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2008
Act No. of
Part 5 Land Tax Act 2000 Amended s. 28
PART 5 LAND TAX ACT 2000 AMENDED
28. Principal Act
In this Part, the Land Tax Act 2000* is referred
to as the Principal Act.
29. Section 6 amended (Principal residence land)
Section 6 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "least"
and substituting "least a";
(b) by omitting from subsection (2)(c)
"land." and substituting "land; and";
(c) by inserting the following paragraph after
paragraph (c) in subsection (2):
(d) the owner of at least a 50%
interest in the principal residence
land is also the owner of at least a
50% interest in the adjoining
land.
*No. 74 of 2000
25
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2008
Act No. of
s. 30 Part 6 Land Titles Act 1980 Amended
PART 6 LAND TITLES ACT 1980 AMENDED
30. Principal Act
In this Part, the Land Titles Act 1980* is referred
to as the Principal Act.
31. Section 170B amended (Duty of Recorder to
transmit notices)
Section 170B of the Principal Act is amended as
follows:
(a) by omitting "section 13A of the Land
and Income Taxation Act 1910,";
(b) by omitting "Taxes" and substituting
"State Revenue".
*No. 19 of 1980
26
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2008
Act No. of
Part 7 Payroll Tax Act 2008 Amended s. 32
PART 7 PAYROLL TAX ACT 2008 AMENDED
32. Principal Act
In this Part, the Payroll Tax Act 2008* is
referred to as the Principal Act.
33. Schedule 2 amended (Tasmania-Specific Provisions)
Clause 5 of Division 1 of Part 3 of Schedule 2 to
the Principal Act is amended as follows:
(a) by omitting "employed " and
substituting "employed for the purposes
of administering or participating in a
group apprenticeship or group training
scheme by a non-profit group training
organisation that is registered with the
Tasmanian Training Agreements
Committee.";
(b) by omitting paragraphs (a) and (b).
*No. 16 of 2008
27
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2008
Act No. of
s. 34 Part 8 Strata Titles Act 1998 Amended
PART 8 STRATA TITLES ACT 1998 AMENDED
34. Principal Act
In this Part, the Strata Titles Act 1998* is
referred to as the Principal Act.
35. Section 21 repealed
Section 21 of the Principal Act is repealed.
*No. 17 of 1998
28
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2008
Act No. of
Part 9 Taxation Administration Act 1997 Amended s. 36
PART 9 TAXATION ADMINISTRATION ACT 1997
AMENDED
36. Principal Act
In this Part, the Taxation Administration Act
1997* is referred to as the Principal Act.
37. Section 29A inserted
After section 29 of the Principal Act, the
following section is inserted in Part 4:
29A. Payment of interest
(1) In addition to the amount of an
overpayment of tax refunded under
section 29, the Commissioner is required
to pay interest on the amount of the
overpayment, calculated on a daily basis
from whichever of the following is the
later until the date of the refund:
(a) the date of payment of the
amount overpaid;
(b) the date on which the
Commissioner made the
assessment to which the
overpayment relates.
*No. 74 of 1997
29
Taxation and Related Legislation (Miscellaneous Amendments)
Bill (No. 2) 2008
Act No. of
s. 37 Part 9 Taxation Administration Act 1997 Amended
(2) Interest is to be calculated at the rate
specified as the market rate component in
section 35(2).
(3) The Commissioner is not required to pay
interest under subsection (1) on an
amount refunded unless the amount of
interest exceeds $20.
30 Government Printer, Tasmania