Victorian Consolidated Legislation

Land Tax Act 2005 - SECT 58

Exemption continues if land becomes unfit for occupation

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.

(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 owner or, in the case of a trustee, as the
principal place of residence of a beneficiary.