New South Wales Consolidated Acts
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LAND TAX MANAGEMENT ACT 1956 - SECT 9C
Reduction in land value for flats on mixed development land or mixed use land
(1) For the purpose of assessing land tax, the land value of
mixed development land or mixed use land on which is situated a flat is to be
reduced by the allowable proportion in relation to the flat.
allowable proportion for a flat is as determined in accordance with whichever
of the following paragraphs is applicable in the particular case--
there is an apportionment factor entered in the Register in respect of that
land value--the proportion determined in accordance with the following
(b) if paragraph (a) is not applicable--the proportion specified in an
application for a reduction under this section as the fair and reasonable
proportion of the land value of the land to be attributed to the flat, subject
to subsections (2A) and (2AA).
(2A) If there is no apportionment factor
entered in the Register in respect of the land value of the land, the
Chief Commissioner may request the Valuer-General to determine the
apportionment factor in respect of the land concerned.
(2AA) If a request is
made under subsection (2A)--
(a) the Valuer-General must determine the
apportionment factor concerned and enter it in the Register, and
allowable proportion for the flat must be determined in accordance with
subsection (2) (a).
(2AB) Apportionment factors for the purposes of this
section are to be ascertained in accordance with Division 5 or Division 5A of
Part 1B of the Valuation of Land Act 1916 , as appropriate to the land
concerned. If such an apportionment factor is expressed as a percentage, the
apportionment factor is, for the purposes of this section, to be converted to
Note : Divisions 5 and 5A of Part 1B of the Valuation of Land Act
1916 allow objections to be made against the amount of an apportionment
(3) The reduction under this section applies only if the following
requirements are satisfied--
(a) the flat must be used and occupied by the
owner of the land (or one of the owners) as his or her
principal place of residence and for no other purpose, in which connection the
use of the land for the purpose of one, but not more than one, residential
occupancy other than that of the owner under lease or licence from the owner
may be disregarded if it is an excluded residential occupancy (within the
meaning of clause 4 of Schedule 1A),
(c) an owner of the land who occupies
the flat must not be an owner merely because of being a trustee,
owner of the land must not be a company or company jointly with another person
or other persons, except in either case a trustee company acting in its
(4) For the purposes of determining whether a flat
has been used and occupied by an owner of land as his or her
principal place of residence under subsection (3) (a), clauses 8, 9 and 10 of
Schedule 1A apply in respect of the flat, and that part of the land on which
the flat is situated, in the same way as they apply in respect of land under
the principal place of residence exemption.
Note : The effect of this
provision is to deem a flat to be used and occupied by the owner of the land
as a principal place of residence in certain circumstances, similar to
the principal place of residence exemption. As a consequence, the land value
of the mixed development land or mixed use land on which the flat is situated
can be reduced by the allowable proportion under this section.
(5) Unless the
land concerned is land to which subsection (2) (a) applies, there is to be no
reduction under this section unless--
(a) application has been made for the
reduction by all the owners of the land, specifying the proportion that in
their opinion is a fair and reasonable proportion of the land value of the
land to be attributed to the flat, and
(b) the application is made in a form
approved by the Chief Commissioner.
(6) There is to be no reduction under
this section if the building on the land, or the buildings on the land
together, comprise 2 flats and the land is exempted from taxation under this
(6A) For avoidance of doubt, if a reduction in the land value of land is
required under this section and the land is jointly owned, then, for the
purposes of section 27 (3) (a), the individual interest of each of the owners
of the land (including the owner who occupies the flat) is to be assessed on
the basis of the land value of the land as reduced under this section.
This section does not apply to land to which section 9D or 21B applies.
In this section--
"mixed development land" has the same meaning as in Division 5 of Part 1B of
the Valuation of Land Act 1916 .
"mixed use land" has the same meaning as in Division 5A of Part 1B of the
Valuation of Land Act 1916 .
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