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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Revenue Laws Amendment (Taxation) Bill 2007
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Land Tax Act 2002 amended
3. The Act amended 3
4. Section 5 amended 3
Part 3 -- Land Tax Assessment
Act 2002 amended
5. The Act amended 4
6. Section 38A inserted 4
38A. Land used as an aged care facility 4
Part 4 -- Metropolitan Region
Improvement Tax Act 1959
amended
7. The Act amended 5
8. Section 9 amended 5
9. Section 10 inserted 5
10. Rate of tax imposed after 30 June 2007 5
Part 5 -- Stamp Act 1921 amended
Division 1 -- The Act amended
10. The Act amended 7
Division 2 -- Amendments relating to first
home owners
11. Section 75AG amended 7
12. Second Schedule amended 7
207--1 page i
Revenue Laws Amendment (Taxation) Bill 2007
Contents
Division 3 -- Amendments relating to motor
vehicles
13. Second Schedule amended 8
14. Third Schedule amended 9
Division 4 -- Transitional provisions
15. Schedule 4 amended 10
Division 2 -- Provisions for Revenue Laws
Amendment (Taxation) Act 2007
1. Application of Act in relation to certain first
home owners 10
2. Application of Act in relation to certain
motor vehicles -- 1 July 2007 11
3. Application of Act in relation to certain
motor vehicles -- 1 January 2009 11
4. Reassessments 12
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Revenue Laws Amendment (Taxation) Bill 2007
A Bill for
An Act to amend --
· the Land Tax Act 2002; and
· the Land Tax Assessment Act 2002; and
· the Metropolitan Region Improvement Tax Act 1959; and
· the Stamp Act 1921.
The Parliament of Western Australia enacts as follows:
page 1
Revenue Laws Amendment (Taxation) Bill 2007
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Revenue Laws Amendment (Taxation) Act 2007.
2. Commencement
5 This Act comes into operation, or is deemed to have come into
operation, as follows:
(a) Part 1 comes into operation on the day on which this Act
receives the Royal Assent ("assent day");
(b) Parts 2 and 4 come into operation on the day after assent
10 day;
(c) Part 3 --
(i) comes into operation on 30 June 2007 if assent
day is not later than that day; or
(ii) is deemed to have come into operation on
15 30 June 2007 if assent day is later than that day;
(d) Part 5 (other than section 13(2)) --
(i) comes into operation on 1 July 2007 if assent day
is not later than that day; or
(ii) is deemed to have come into operation on
20 1 July 2007 if assent day is later than that day;
(e) section 13(2) comes into operation on 1 January 2009.
page 2
Revenue Laws Amendment (Taxation) Bill 2007
Land Tax Act 2002 amended Part 2
s. 3
Part 2 -- Land Tax Act 2002 amended
3. The Act amended
The amendments in this Part are to the Land Tax Act 2002*.
[* Reprint 1 as at 4 November 2005.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2006, Table 1.]
4. Section 5 amended
Section 5 is amended as follows:
(a) in the heading to Table 5 by deleting "and subsequent
10 financial years";
(b) by inserting after Table 5 the following Table --
"
Table 6: Land tax rates for 2007/08 and subsequent
financial years
Unimproved value of the
land
Exceeding Not exceeding Rate of land tax
($) ($)
0 250 000 Nil
250 000 875 000 0.15 cent for each $1 in excess
of $250 000
875 000 2 000 000 $937.50 + 0.75 cent for each
$1 in excess of $875 000
2 000 000 5 000 000 $9 375.00 + 1.30 cents for
each $1 in excess of
$2 000 000
5 000 000 10 000 000 $48 375.00 + 1.55 cents for
each $1 in excess of
$5 000 000
10 000 000 $125 875.00 + 2.30 cents for
each $1 in excess of
$10 000 000
15 ".
page 3
Revenue Laws Amendment (Taxation) Bill 2007
Part 3 Land Tax Assessment Act 2002 amended
s. 5
Part 3 -- Land Tax Assessment Act 2002 amended
5. The Act amended
The amendment in this Part is to the Land Tax Assessment
Act 2002*.
5 [* Reprint 1 as at 11 August 2006.
For subsequent amendments see Western Australian
Legislation Information Tables for 2006, Table 1 and
Act No. 73 of 2006.]
6. Section 38A inserted
10 After section 38 the following section is inserted --
"
38A. Land used as an aged care facility
(1) In this section --
"aged care facility" means any building or any part of
15 a building used for the provision of a residential
care service that is certified under the
Commonwealth Aged Care Act 1997, if the service
has been certified having regard to the building or
the part of the building;
20 "residential care" has the meaning given in the
Commonwealth Aged Care Act 1997.
(2) Land is exempt for an assessment year if, at midnight
30 June in the previous financial year, it is used for the
purposes of an aged care facility.
25 ".
page 4
Revenue Laws Amendment (Taxation) Bill 2007
Metropolitan Region Improvement Tax Act 1959 amended Part 4
s. 7
Part 4 -- Metropolitan Region Improvement Tax
Act 1959 amended
7. The Act amended
The amendments in this Part are to the Metropolitan Region
5 Improvement Tax Act 1959*.
[* Reprint 3 as at 9 May 2003.
For subsequent amendments see Western Australian
Legislation Information Tables for 2006, Table 1.]
8. Section 9 amended
10 Section 9 is amended by inserting after "year of assessment" in
the second place where it occurs --
"
up to and including the year of assessment ending on
30 June 2007
15 ".
9. Section 10 inserted
After section 9 the following section is inserted --
"
10. Rate of tax imposed after 30 June 2007
20 The rates of Metropolitan Region Improvement Tax
imposed by this Act and payable under the Planning
and Development Act 2005 are set out in the Table to
this section for the relevant year of assessment
according to the unimproved value of the land.
page 5
Revenue Laws Amendment (Taxation) Bill 2007
Part 4 Metropolitan Region Improvement Tax Act 1959 amended
s. 9
Table 1: Metropolitan Region Improvement Tax rates for
2007/08 and subsequent years of assessment
Unimproved value of the
land
Exceeding Not exceeding Rate of Metropolitan Region
($) ($) Improvement Tax
0 250 000 Nil
250 000 0.18 cent for each $1 in excess
of $250 000
".
page 6
Revenue Laws Amendment (Taxation) Bill 2007
Stamp Act 1921 amended Part 5
The Act amended Division 1
s. 10
Part 5 -- Stamp Act 1921 amended
Division 1 -- The Act amended
10. The Act amended
The amendments in this Part are to the Stamp Act 1921*.
5 [* Reprint 16 as at 12 May 2006.
For subsequent amendments see Western Australian
Legislation Information Tables for 2006, Table 1.]
Division 2 -- Amendments relating to first home owners
11. Section 75AG amended
10 Section 75AG(1a) is amended as follows:
(a) in paragraph (a) by deleting "$350 000" and inserting
instead --
" $600 000 ";
(b) in paragraph (b) by deleting "$200 000" and inserting
15 instead --
" $400 000 ".
12. Second Schedule amended
(1) The Second Schedule item 4(2) is amended as follows:
(a) by deleting "$250 000" in each place where it occurs
20 and inserting instead --
" $500 000 ";
(b) by deleting "$350 000" and inserting instead --
" $600 000 ";
(c) by deleting "$13.20" and inserting instead --
25 " $26.10 ".
page 7
Revenue Laws Amendment (Taxation) Bill 2007
Part 5 Stamp Act 1921 amended
Division 3 Amendments relating to motor vehicles
s. 13
(2) The Second Schedule item 4(3) is amended as follows:
(a) by deleting "$150 000" in each place where it occurs
and inserting instead --
" $300 000 ";
5 (b) by deleting "$200 000" and inserting instead --
" $400 000 ";
(c) by deleting "$12.40" and inserting instead --
" $15.70 ".
Division 3 -- Amendments relating to motor vehicles
10 13. Second Schedule amended
(1) The Second Schedule item 14(1) is amended as follows:
(a) in paragraph (a) by deleting "$15 000" and inserting
instead --
" $20 000 ";
15 (b) in paragraph (b) by deleting "$15 000" and inserting
instead --
" $20 000 ";
(c) in paragraph (b) by deleting "$40 000" and inserting
instead --
20 " $45 000 ";
(d) in paragraph (b) by deleting "15000" in the formula and
inserting instead --
" 20000 ";
(e) in paragraph (c) by deleting "$40 000" and inserting
25 instead --
" $45 000 ".
page 8
Revenue Laws Amendment (Taxation) Bill 2007
Stamp Act 1921 amended Part 5
Amendments relating to motor vehicles Division 3
s. 14
(2) The Second Schedule item 14(1) is amended as follows:
(a) in paragraph (a) by deleting "$20 000" and inserting
instead --
" $25 000 ";
5 (b) in paragraph (b) by deleting "$20 000" and inserting
instead --
" $25 000 ";
(c) in paragraph (b) by deleting "$45 000" and inserting
instead --
10 " $50 000 ";
(d) in paragraph (b) by deleting "20000" in the formula and
inserting instead --
" 25000 ";
(e) in paragraph (c) by deleting "$45 000" and inserting
15 instead --
" $50 000 ".
(3) The Second Schedule item 14(2) is amended as follows:
(a) by inserting after "grant" --
" or transfer ";
20 (b) by deleting "that has not previously been used nor
licensed or registered under the Road Traffic Act 1974
or a corresponding State law".
(4) The Second Schedule item 14(3) is deleted.
14. Third Schedule amended
25 The Third Schedule clause 9 is amended by inserting after
subclause (6) the following subclauses --
"
(7) A licence granted or transferred to a person for a caravan or
camper trailer, that is, a trailer permanently fitted for human
30 habitation in the course of a journey.
page 9
Revenue Laws Amendment (Taxation) Bill 2007
Part 5 Stamp Act 1921 amended
Division 4 Transitional provisions
s. 15
(8) In subclause (7) --
"trailer" means a vehicle designed to be drawn by another
vehicle.
".
5 Division 4 -- Transitional provisions
15. Schedule 4 amended
After Schedule 4 Division 1 the following Division is
inserted --
"
10 Division 2 -- Provisions for Revenue Laws Amendment
(Taxation) Act 2007
1. Application of Act in relation to certain first home
owners
(1) Subject to subclause (3), this Act applies to and in relation
15 to an instrument referred to in section 75AG(1) executed on
or after 10 May 2007 as if the amendments in sections 11
and 12 of the Revenue Laws Amendment (Taxation)
Act 2007 had come into operation on 10 May 2007.
(2) If, in relation to an instrument referred to in
20 section 75AG(1) executed on or after 12 February 2007 and
before 10 May 2007, the transferee, or each transferee, is a
participant in the scheme known as the First Start Shared
Equity Scheme (provided by the State through the
Department of Housing and Works), this Act applies to and
25 in relation to the instrument as if the amendments in
sections 11 and 12 of the Revenue Laws Amendment
(Taxation) Act 2007 had come into operation on
12 February 2007.
(3) If an instrument referred to in section 75AG(1) (other than
30 an instrument to which subclause (2) applies) was executed
before 10 May 2007, this Act applies to and in relation to --
(a) the instrument; and
page 10
Revenue Laws Amendment (Taxation) Bill 2007
Stamp Act 1921 amended Part 5
Transitional provisions Division 4
s. 15
(b) if the instrument is replaced by an instrument
executed on or after 10 May 2007 -- the
replacement instrument, to the extent to which it is
an instrument referred to in section 75AG(1),
5 as if the amendments made by sections 11 and 12 of the
Revenue Laws Amendment (Taxation) Act 2007 had not
come into operation.
(4) In this clause, a reference to an instrument referred to in
section 75AG(1) includes a reference to an instrument that
10 would have been referred to in section 75AG(1) but for the
amount or value of the consideration exceeding $350 000 or
$200 000 (as the case requires).
2. Application of Act in relation to certain motor
vehicles -- 1 July 2007
15 (1) This Act as amended by sections 13(1), (3) and (4) and 14
of the Revenue Laws Amendment (Taxation) Act 2007
applies to and in relation to the grant or transfer of a licence
the application for which was made on or after 1 July 2007.
(2) If --
20 (a) the application for the grant or transfer of a licence
was made before 1 July 2007; or
(b) under section 76K, the amount of duty payable in
respect of the grant or transfer of a licence was
assessed before 1 July 2007,
25 this Act applies to and in relation to the grant or transfer of
the licence as if the amendments made by sections 13(1), (3)
and (4) and 14 of the Revenue Laws Amendment (Taxation)
Act 2007 had not come into operation.
3. Application of Act in relation to certain motor
30 vehicles -- 1 January 2009
(1) This clause has effect on and from 1 January 2009.
page 11
Revenue Laws Amendment (Taxation) Bill 2007
Part 5 Stamp Act 1921 amended
Division 4 Transitional provisions
s. 15
(2) This Act as amended by section 13(2) of the Revenue Laws
Amendment (Taxation) Act 2007 applies to and in relation to
the grant or transfer of a licence the application for which
was made on or after 1 January 2009.
5 (3) If --
(a) the application for the grant or transfer of a licence
is made before 1 January 2009; or
(b) under section 76K, the amount of duty payable in
respect of the grant or transfer of a licence is
10 assessed before 1 January 2009,
this Act applies to and in relation to the grant or transfer of
the licence as if the amendments made by section 13(2) of
the Revenue Laws Amendment (Taxation) Act 2007 had not
come into operation.
15 4. Reassessments
Subject to section 17 of the Taxation Administration
Act 2003, the Commissioner must make any reassessment
necessary to give effect to this Division.
".
20
page 12
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