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LAND TAX ACT 2005 - SECT 58 Exemption continues if land becomes unfit for occupation

LAND TAX ACT 2005 - SECT 58

Exemption continues if land becomes unfit for occupation

    (1)     If land that is exempt land under section 54(1) becomes unfit for occupation as the principal place of residence of a person because of damage or destruction caused by an event such as fire, earthquake, storm, accident or malicious damage, the land continues to be exempt land while the owner continues to own the land as if it had continued to be used and occupied as the person's principal place of residence.

    (2)     Subsection (1) operates until the second anniversary of the day on which the land became unfit for occupation as the person's principal place of residence.

    (3)     The Commissioner may extend the period of operation of subsection (1) beyond the period referred to in subsection (2) for a further period of not more than 2 years in any particular case if the Commissioner is satisfied that there has been an acceptable delay in that case.

S. 58(4) amended by Nos 76/2012 s. 9, 18/2023 s. 49.

    (4)     Subsection (1) does not apply if, at any time during which it would otherwise apply, any other land is exempt land under section 54(1) as the principal place of residence of the person referred to in section 54(1)(a), (b) or (c) as using or occupying the land.

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

Subdivision 4—Purchase and sale of principal place of residence