Victorian Consolidated Legislation

Land Tax Act 2005 - SECT 39

Joint assessments in the case of principal place of residence land

39. Joint assessments in the case of principal place of residence land



(1) For the purposes of section 38 and subject to this section, if land that
is jointly owned is exempt land because it is the principal place of residence
of one or more, but not all, of the joint owners-

   (a)  no land tax is jointly assessable in respect of that land under
        section 38(2);

   (b)  each joint owner who does not use and occupy the land as his or her
        principal place of residence may be separately assessed in respect of
        that land under section 38(3).





(2) A joint owner of land (joint owner 1) that is exempt land in respect of a
tax year because of its use and occupation as the principal place of residence
of another joint owner of the land (joint owner 2) is not, in respect of the
tax year, liable to pay or be assessed under section 38(3) for land tax on the
land-

   (a)  if, at any time during the year immediately preceding the tax year,
        the land was used and occupied as the principal place of residence of
        joint owner 1 and joint owner 2; or

   (b)  if-

   (i)  at any time during the second year preceding the tax year the land was
        used and occupied as the principal place of residence of joint owner 1
        and joint owner 2; and

   (ii) there is no other land that is exempt land in respect of the tax year
        because of its use and occupation as the principal place of residence
        of joint owner 1.

(3) Despite anything to the contrary in this section or Division 1 of Part 4,
if a joint owner of land (the PPR land) who, because of subsection (2), is not
liable to be assessed under section 38(3) for land tax in respect of the PPR
land in respect of a tax year, resumes use and occupation of the PPR land
during the tax year, the joint owner is liable for land tax in respect of the
tax year in respect of any other land that, but for this subsection, would be
exempt land under Division 1 of Part 4 in respect of the tax year.

(4) Except to the extent set out in subsection (3), nothing in this section
takes away from or affects the operation of Division 1 of Part 4.