Tasmanian Consolidated Acts

LAND TAX ACT 2000 - SECT 37A

      (1) The owner of land may apply to the Commissioner for a rebate of land tax paid if at the commencement of a financial year the owner was –

(a) the owner of principal residence land; and

(b) the owner of other land –

(i) that was purchased with the intention that it become the principal residence land of the owner; or

(ii) that was the principal residence land of the owner in the period of 3 months preceding the commencement of the financial year.

      (2) A rebate is payable in respect of the land tax paid on the other land.

      (3) The Commissioner is to grant a rebate of land tax under this section if the Commissioner is satisfied that –

(a) the owner became the owner of the principal residence land or the other land during the period of 3 months preceding the commencement of the financial year; and

(b) the principal residence land of the owner was –

(i) the principal residence land of the owner in the period of 3 months preceding the commencement of the financial year; or

(ii) the other land became the principal residence land of the owner in the financial year; and

(c) before 1 October of the financial year the owner entered into a contract to sell or otherwise disposed of –

(i) the principal residence land; or

(ii) the other land –

and the new owner took possession of the land in the financial year; and

(d) no rent or other income was derived from the principal residence land or the other land during the period in which the owner owned both the principal residence land and the other land; and

(e) the owner did not recover a proper proportion of any land tax paid or payable in accordance with section 40(1); and

(f) an application for a rebate has been lodged by the owner in a form approved by the Commissioner –

(i) after the sale or other disposition of the land and the new owner has taken possession of the land referred to in paragraph (c); and

(ii) not later than 3 months after the end of the financial year.

      (4) In this section, a person is an owner of land if the person is the owner of 50% or more of the principal residence land and 50% or more of the other land.