Tasmanian Consolidated Acts

LAND TAX ACT 2000 - SECT 6

      (1) Principal residence land is land on which the principal residence of an owner of at least a 50% interest in the land or a related person of such an owner is situated.

      (2) The Commissioner is to determine that adjoining land is principal residence land if satisfied that –

(a) the land is on a separate title held by the owner of the principal residence land; and

(b) the land is used by that owner solely in conjunction with the principal residence land; and

(c) the owner does not receive any income from the use of that land; and

(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.

      (3) The Commissioner, on application by a trustee of a trust, is to determine that land is principal residence land for a financial year if –

(a) the land is held by –

(i) a registered trustee company; or

(ii) an executor, administrator, guardian, committee, receiver or liquidator; or

(iii) a trustee appointed by a court; and

(b) the principal residence of a beneficiary of the trust is situated on the land as at 1 July in that financial year; and

(c) the Commissioner is satisfied that the beneficiary does not own any other principal residence land.

      (4) The Commissioner, on application by a company, is to determine that land is principal residence land for a financial year, if –

(a) the land is beneficially owned by the company; and

(b) the principal residence of a person who owns 50% or more of shares in the company is situated on the land as at 1 July in that financial year; and

(c) the Commissioner is satisfied that the person does not own any other principal residence land; and

(d) the Commissioner is satisfied that the person, by reason of his or her ownership of 50% or more shares in another company, does not have another principal residence situated on other land which –

(i) is beneficially owned by that other company; and

(ii) has been determined under this subsection to be principal residence land.

      (5) The Commissioner is to determine that land owned by a home-unit company is principal residence land if any flat on that land is the principal residence of a person owning shares in the home-unit company.

      (6) .  .  .  .  .  .  .  .  

      (7) The Commissioner is to determine that a part of land owned by a cooperative housing society is principal residence land if that part is used for residential purposes.

      (8) If a person occupies residential premises in a retirement village as his or her principal place of residence, any other land owned by the person is not that person's principal place of residence.