Australian Capital Territory Numbered Acts

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LAND TAX AMENDMENT ACT 2018 (NO. 15 OF 2018) - SECT 22

Section 14

substitute

14     Commissioner to be told of change in circumstances

    (1)     This section applies in relation to a parcel of land that is—

        (a)     leased for residential purposes; and

        (b)     exempt from land tax or a foreign ownership surcharge.

    (2)     A relevant person for the parcel of land must tell the commissioner—

        (a)     of any change in the person's circumstances in relation to the parcel that would cause land tax or a foreign ownership surcharge to become payable for the parcel; and

        (b)     the date of the change in circumstances.

Note 1     If a form is approved under the Taxation Administration Act

, s 139C, the form must be used.

Note 2     It is an offence to fail to notify the commissioner under this section (see Taxation Administration Act

, s 67 (2)).

Note 3     It is also an offence to knowingly avoid paying, or disclosing a liability to pay, part or all of an amount of tax (see Taxation Administration Act

, s 65 (1)).

    (3)     For subsection (2), the relevant person must tell the commissioner not later than 30 days after the date the circumstances change.

Examples—s (2) and s (3)—changed circumstances

1     a change of ownership of the parcel

2     the parcel is owned by an individual as trustee

3     the parcel is owned by a foreign person or an owner subsequently becomes a foreign person

4     the parcel is no longer a principal place of residence

5     the parcel is rented

6     the parcel is otherwise no longer exempt from land tax or a foreign ownership surcharge

Note     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

    (4)     In this section:

"relevant person", for a parcel of land, means—

        (a)     the owner of the parcel of land; or

        (b)     if the owner has authorised an agent to act on the owner's behalf in relation to the parcel—the agent; or

        (c)     if the owner has died—the personal representative.

Examples—par (b)—agent

accountant, real estate agent, solicitor



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