Victorian Consolidated Legislation

Land Tax Act 2005 - SECT 45

Certain long-term lessees of private land

45. Certain long-term lessees of private land



(1) This section applies if-

   (a)  a person (the lessee) has a leasehold estate in land (other than under
        a lease from the Crown); and

   (b)  the lessee became entitled to that estate before 30 December 1978.

(2) If this section applies, both the lessee and the owner of the freehold
estate in the land are to be assessed for land tax on the land and, for the
purpose of this Act, a reference to the owner of the land includes a reference
to the lessee.

(3) The Commissioner may apportion the land tax payable on the land as between
the owner of the freehold estate and the lessee if the Commissioner is of the
opinion that the value of the freehold owner's interest in the land is
lessened by the covenants of the lease.

(4) If the Commissioner apportions the land tax under subsection (3), the
owner of the freehold estate and the lessee are each liable to pay the
proportion of the tax determined by the Commissioner.