Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) The Commissioner may recover –
(a) from an agent any unpaid land tax in respect of land of which the agent is, or was at the time the land tax was imposed or payable, the representative of the owner; or
(b) from a mortgagee in possession of land any unpaid land tax in respect of that land.
(2) The owner of land, on the sale or transfer of that land, if there is a land value assessed in respect of that land, must pay –
(a) if the owner owns only that land, any amount of land tax owing and any penalty tax and interest payable; or
(b) if the owner owns additional land and no land tax is payable in respect of the land that is sold or transferred, the lesser of the following:
(i) the total amount of land tax owing and any penalty tax and interest payable;
(ii) the amount calculated by multiplying the total amount of land tax owing, and any penalty tax and interest payable, by the ratio of the land value of the land sold or transferred to the total land value of land owned at 1 July preceding the sale or transfer less any other land sold or transferred after that date; or
(c) if the owner owns additional land and land tax is payable in respect of the land that is sold or transferred, the lesser of the following:
(i) the total amount of land tax owing and any penalty tax and interest payable;
(ii) the amount calculated by multiplying the total amount of land tax owing, and any penalty tax and interest payable, by the ratio of the land value of the land sold or transferred to the total land value of land owned at 1 July preceding the sale or transfer less any other land sold or transferred after that date.
Penalty:
Fine not exceeding 10 penalty units.
(3) The owner of land, on the sale or transfer of that land, if there is no land value assessed in respect of that land, must pay –
(a) if the owner owns only that land, the total of the following amounts:
(i) any amount of land tax owing and any penalty tax and interest payable;
(ii) an amount equivalent to the amount of land tax that would be payable had that land had an assessed land value equal to the determined value of that land; or
(b) if the owner owns additional land, the lesser of the following amounts:
(i) the total of the amount of land tax owing, the amount of any penalty tax and interest payable and an amount equivalent to the amount of land tax that would be payable had that land had an assessed land value equal to the determined value of that land;
(ii) the amount calculated by multiplying the total amount of land tax owing, and any penalty tax and interest payable, by the ratio of the determined value of the land sold or transferred to the aggregate of the assessed land value and determined value of all land owned as at 1 July preceding the sale or transfer after subtracting the assessed land value or determined value of any other land sold or transferred after that date.
Penalty:
Fine not exceeding 10 penalty units.
(4) For the purpose of calculating any amount under subsection (2)(c)(ii) or (3)(b)(ii), any land in respect of which no land tax is payable is to be excluded.
(5) For the purposes of subsection (3), the determined value of land is –
(a) if the Commissioner is satisfied that the contract price of the land is a true reflection of its value, the contract price of the land; or
(b) if the Commissioner is not satisfied that the contract price of the land is a true reflection of its value, the value of the land determined by a competent valuer and accepted by the Commissioner as a true reflection of the value of the land.
(6) In subsection (5) –
"contract price" means the purchase price of the land as –(a) specified in a written agreement for the sale or transfer of the land; or
(b) if there is no such written agreement, the purchase price for the sale or transfer of the land as agreed between the vendor and purchaser.
(7) For the purpose of determining the determined value of land, the Commissioner –
(a) may require the owner of the land to provide a declaration by a competent valuer as to the value of the land; and
(b) if not satisfied that the value of the land as stated in a declaration provided under paragraph (a) is a true reflection of the value of the land, may have the land valued by another competent valuer.
(8) The Commissioner may recover the cost of obtaining a valuation of land under subsection (7)(b) from the owner of the land.