Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Commissioner
may determine that an interest in a lot or parcel of land as a joint owner
(whenever created) is to be disregarded for the purposes of this Act.
(2) The Commissioner
can only make a determination under subsection (1) if —
(a) the
interest is a minor interest in the lot or parcel of land; and
(b) the
Commissioner is of the opinion that the purpose, or one of the purposes, of
the creation of the interest was to reduce the amount of land tax payable for
that, or any other, lot or parcel of land.
(3) For the purposes
of subsection (2)(b), the Commissioner may have regard to —
(a) the
nature of any relationship between the owners of the lot or parcel of land;
and
(b) the
form and substance of any transaction giving rise to the interest, including
the legal and economic obligations of the parties and the economic and
commercial substance of the transaction; and
(c) the
lack of consideration, or the amount or value and source of the consideration,
for the transaction giving rise to the interest; and
(d)
whether any professional advice was received in relation to the transaction
giving rise to the interest; and
(e) the
way in which the transaction giving rise to the interest was entered into or
carried out; and
(f) any
other matter the Commissioner considers relevant.
(4) On making a
determination under subsection (1) in respect of a lot or parcel of land,
the Commissioner must give to the owner of the lot or parcel of land a notice
setting out the determination and the reasons for the determination.
(5) In any review
proceedings that relate to a determination under subsection (1) in
respect of an interest in 5% or less of a lot or parcel of land, the onus of
establishing that none of the purposes of the creation of the interest was to
reduce the amount of land tax payable for that, or any other, lot or parcel
lies on the taxpayer.
[Section 45A inserted by No. 31 of 2006
s. 30.]