LAND TAX ACT 2005 - SECT 16A Transfer of land for no consideration

LAND TAX ACT 2005 - SECT 16A

    (1)     The Commissioner may determine that a person who has disposed of land is to be deemed to not be the owner of that land if the Commissioner is satisfied that—

        (a)     the person has disposed of the land for no valuable consideration; and

        (b)     the disposition of the land was made in good faith and not for the purpose of evading the payment of land tax; and

        (c)     the person to whom the land was disposed of had taken possession of the land on or before midnight on 31 December in the year immediately preceding the tax year.

    (2)     If the Commissioner makes a determination under subsection (1)—

        (a)     the person who disposed of the land is deemed not to be the owner of the land; and

        (b)     the person to whom the land was disposed of for no valuable consideration is deemed to be the owner of the land.

    (3)     Subsection (2) applies whether or not the person to whom the land was disposed of is the registered proprietor of the land.

    (4)     In this section—

"dispose of" means dispose of by way of settlement, grant, assignment, transfer or conveyance.