LAND TAX ACT 2005 - SECT 39 Joint assessments in the case of principal place of residence land

LAND TAX ACT 2005 - SECT 39

S. 39(1) amended by No. 47/2020 s. 43(a).

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

S. 39(1)(a) amended by No. 26/2015 s. 31.

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

S. 39(1)(b) substituted by No. 47/2020 s. 43(b).

        (b)     the land is taxable land in relation to each joint owner who does not use and occupy it as his or her principal place of residence and each such owner may be separately assessed in respect of the 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.

S. 39A inserted by No. 23/2022 s. 17.