LAND TAX ACT 2005 - SECT 45 Certain long-term lessees of private land

LAND TAX ACT 2005 - SECT 45

    (1)     This section applies if—

S. 45(1)(a) amended by No. 83/2009 s. 8.

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

S. 46 amended by No. 28/2017 s. 60(1)(2) (ILA s. 39B(1)).