PLANNING AND ENVIRONMENT ACT 1987 - SECT 201SLA Refund of GAIC if land no longer in contribution area
PLANNING AND ENVIRONMENT ACT 1987 - SECT 201SLA
Refund of GAIC if land no longer in contribution area(1) Subject to subsection (2), if land in respect of which a growth areas infrastructure contribution has been paid ceases to be in the contribution area within 3 years after the liability to pay the contribution arose, the person who paid the contribution is entitled to a refund by the Commissioner under Part 4 of the Taxation Administration Act 1997 of that contribution including any indexation of that contribution.
(2) If the person who paid the growth areas infrastructure contribution under subsection (1) was a purchaser of land under a contract for the sale of land of a class referred to in section 50(1) of the Sale of Land Act 1962 and that purchaser deducted the amount of the contribution from the purchase price under section 50(2) of that Act, the taxpayer is taken to be the vendor of that land under that contract for the sale of land for the purposes of Part 4 of the Taxation Administration Act 1997 .
(3) If land referred to in subsection (1) subsequently becomes land that is in the contribution area, section 201S(1) applies as if the next GAIC event, which occurs in relation to that land after it becomes land that is in the contribution area, is the first GAIC event that occurs in relation to that land.
(4) Nothing in this section entitles a person who has been given approval under Subdivision 4 for the staged payment of a growth areas infrastructure contribution to a refund of that contribution.
Pt 9B Div. 2 Subdiv. 2A (Heading and ss 201SLB– 201SLN) inserted by No. 31/2011 s. 9.
Subdivision 2A—Work-in-kind agreements
S. 201SLB inserted by No. 31/2011 s. 9.