Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Land tax is
payable in accordance with this section when rural business land is subdivided
if —
(a) the
land was exempt from land tax under section 29 or subject to a concession
under section 30 for any of the 5 financial years reckoned
retrospectively from and including the financial year in which the land was
subdivided; and
(b) the
subdivision was not carried out only for the purpose of defining an area of
land to be taken or resumed under an enactment relating to the compulsory
acquisition of land.
(2) The land tax is
payable by the subdividing owner of the land on the value of the taxable
portion of the land for each of the 5 financial years reckoned retrospectively
from and including the financial year in which the land is subdivided.
(3) The taxable
portion of the land is the area that remains after subtracting from the whole
area of the land —
(a) the
area of any part of the land that is exempt, immediately after the subdivision
is completed, under Part 3 Division 2 as a result of the subdividing
owner’s ownership or use of the land; and
(b) the
area of any part of the land that, immediately after the subdivision is
completed, consists of a lot of 2.0234 hectares or more that is zoned for
rural purposes under a local planning scheme.
(4) The amount of land
tax payable for each of those 5 financial years is assessed, at the rate
applicable for that year under the Land Tax Act 2002 , as if the taxable
portion of the land were the only land of the subdividing owner on which land
tax was payable for that year.
(5) If an amount of
land tax has already been charged on any part of the taxable portion of the
land under another provision of this Act for any of those 5 financial years,
the amount of land tax payable for that year under this section is reduced by
the amount already charged.
(6) For the purposes
of subsection (2), the value of the taxable portion of the land for a
financial year is —
(a) if
the financial year is 2008/09 or earlier — the amount that bears to
the unimproved value of the whole of the land at midnight on 30 June
immediately before the financial year the same proportion as the area of the
taxable portion bears to the whole area of the land; or
(b) in
any other financial year — the amount that bears to the taxable
value of the whole of the land for the financial year the same proportion as
the area of the taxable portion bears to the whole area of the land.
(7) Nothing in this
section affects the liability of any person for land tax on the taxable
portion of the land for any financial year after that in which the land is
subdivided.
(8) Despite
section 17(4) of the Taxation Administration Act 2003 , the
Commissioner must make any reassessment necessary to give effect to this
section.
[Section 15 amended by No. 38 of 2005
s. 15; No. 19 of 2009 s. 7.]