LAND TAX ACT 2005 - SECT 55A Deferral of tax for residential land to be used during tax year

LAND TAX ACT 2005 - SECT 55A

    (1)     The Commissioner may determine that land tax in respect of land for a year is not payable until the expiry of a 6 month period that begins and ends in that year if—

        (a)     a person becomes the owner of the land on or after 1 July in the preceding year; and

        (b)     as at 31 December in the preceding year, the person does not use or occupy the land as his or her principal place of residence; and

        (c)     the Commissioner is satisfied that the person intends to continuously use and occupy the land as his or her principal place of residence for the 6 month period.

    (2)     The Commissioner may determine that land tax in respect of land for a year is not payable until the expiry of a 6 month period that begins and ends in that year if—

        (a)     a trustee becomes the owner of the land on or after 1 July in the preceding year; and

        (b)     as at 31 December in the preceding year, there is no vested beneficiary in relation to that land using and occupying it as his or her principal place of residence; and

        (c)     the Commissioner is satisfied that a vested beneficiary in relation to that land intends to continuously use and occupy it as his or her principal place of residence for the 6 month period.

S. 55A(2AA) inserted by No. 18/2023 s. 46(1).

    (2AA)     The Commissioner may determine that land tax in respect of land for a year is not payable until the expiry of a 6 month period that begins and ends in that year if—

        (a)     an immediate family member of a person with a disability (qualifying) becomes the owner of the land on or after 1 July in the preceding year; and

        (b)     as at 31 December in the preceding year, the person with a disability (qualifying) does not use or occupy the land as the person's principal place of residence; and

        (c)     the Commissioner is satisfied that the person with a disability (qualifying) intends to continuously use and occupy the land as the person's principal place of residence for the 6 month period.

S. 55A(2A) inserted by No. 23/2022 s. 20(1).

    (2A)     The Commissioner may determine that land tax in respect of land for a year is not payable until the expiry of a 6 month period that begins and ends in that year if—

        (a)     the land is or has been exempt under section 61 and the works finish date for the construction or renovation of the residence on the land was on or after 1 July in the preceding year; and

        (b)     as at 31 December in the preceding year, a qualifying person in relation to the land does not use or occupy the land as the qualifying person's principal place of residence; and

        (c)     the Commissioner is satisfied that the qualifying person intends to continuously use and occupy the land as the qualifying person's principal place of residence for the 6 month period.

S. 55A(3) amended by No. 18/2023 s. 46(2).

    (3)     If land referred to in subsection (1), (2) or (2AA) that would have been exempt land in respect of a year but for section 54(2) has been continuously used and occupied as the person's principal place of residence for the period of 6 months, the land becomes exempt land in respect of that year at the end of that period.

S. 55A(4) inserted by No. 23/2022 s. 20(2).

    (4)     If land referred to in subsection (2A) that would have been exempt land in respect of a year but for section 54(2) has been continuously used and occupied as the qualifying person's principal place of residence for the 6 month period that begins and ends in that year, the land becomes exempt land in respect of that year at the end of that period.

Pt 4 Div. 1 Subdiv. 3 (Heading) inserted by No. 23/2022 s. 18(3).

Subdivision 3—Absence, death and land unfit for occupation

S. 56 (Heading) amended by No. 76/2012 s. 8(1).