Victorian Consolidated Legislation

Land Tax Act 2005 - SECT 57

Exemption continues on death of resident

57. Exemption continues on death of resident



(1) If land is used and occupied as the principal place of residence of a
person and the person dies, liability for tax is to be assessed as if the
person had not died but had continued to use and occupy the land as his or her
principal place of residence.





(2) Subsection (1) operates only until the earlier of-

   (a)  the third anniversary of the person's death or the expiry of the
        further period approved by the Commissioner under subsection (3); or

   (b)  the day on which the person's interest in the land vests in another
        person under a trust; or

   (c)  the day on which the person's interest in the land vests in a person
        (other than the person's personal representative) under the
        administration of the person's estate.

(3) For the purposes of subsection (2)(a), the Commissioner may approve a
further period in any particular case.