Western Australian Consolidated Acts

LAND TAX ASSESSMENT ACT 2002 - SECT 42

42 .         Land vacated for sale by mortgagee

        (1)         Land is exempt for an assessment year if —

            (a)         the property was vacant at midnight on 30 June in the financial year before the assessment year;

            (b)         an exemption or concession under another provision of this Act would have applied to the land if, at that time, the owner or a particular individual or body had occupied the land or had been using it for an exempt purpose, or both, as mentioned in the provision; and

            (c)         the only reason that the property was not at that time occupied by the individual or body or used for that purpose was that a mortgagee of the property required the property to be vacated pursuant to the mortgagee’s right to sell the property.

        (2)         The land is exempt under subsection (1) only to the extent that it would have been exempt under the other provision of this Act.

        (3)         However, the property is not exempt if —

            (a)         the owner is entitled to an exemption in respect of any other property under the same provision or under section 21, 22, 23, 24, 24A, 25 or 25A; or

            (b)         any person derives rent or other income from the land during the period when the land was required to be vacant.

        (4)         An exemption under this section applies in relation to the land and the owner for one assessment year only.

        [Section 42 amended by No. 31 of 2006 s. 24.]