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LAND TAX MANAGEMENT ACT 1956 - SCHEDULE 2

SCHEDULE 2 – Savings and transitional provisions

(Section 83)

Part 1 - Preliminary

1A Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--
State Revenue Legislation Further Amendment Act 1995
State Revenue Legislation Amendment Act 1997
State Revenue Legislation Further Amendment Act 1997
Environmental Planning and Assessment Amendment Act 1997
Strata Schemes (Leasehold Development) Amendment Act 1999
State Revenue Legislation Amendment Act 2000
State Revenue Legislation Further Amendment Act 2000
Valuation of Land Amendment Act 2000
State Revenue Legislation Further Amendment (No 2) Act 2001 (to the extent that it amends this Act)
State Revenue Legislation Amendment Act 2002
State Revenue Legislation Further Amendment Act 2003 (to the extent that it amends this Act)
State Revenue Legislation Amendment Act 2004
State Revenue Legislation Further Amendment Act 2004 (to the extent that it amends this Act)
State Revenue Legislation Amendment (Budget Measures) Act 2005
State Revenue Legislation Further Amendment Act 2005
Land Tax Management Amendment (Tax Threshold) Act 2006
State Revenue and Other Legislation Amendment (Budget Measures) Act 2006
State Revenue Legislation Amendment Act 2006
State Revenue Legislation Amendment (Tax Concessions) Act 2006
Duties Amendment (First Home Plus One) Act 2007 (to the extent that it amends this Act)
State Revenue Legislation Amendment Act 2008
State Revenue and Other Legislation Amendment (Budget Measures) Act 2008
State Revenue Legislation Amendment Act 2010
State Revenue Legislation Further Amendment Act 2010
State Revenue Legislation Amendment Act 2012
Any Act that amends this Act
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

1 Mortgages entered into before 31 December 1983

Section 46 does not apply to a mortgagee in respect of a mortgage entered into before 31 December 1983.

Part 2 - Provisions consequent on enactment of Land Tax Management (Amendment) Act 1988

2 Land tax certificates

Section 47 (as amended by the Land Tax Management (Amendment) Act 1988 ) applies to and in respect of a certificate issued under that section before the commencement of that Act.

3 Lessees from councils and public authorities

The amendment made by the Land Tax Management (Amendment) Act 1988 to the definition of
"Owner" in section 3 (1) does not apply in respect of a tax year before the tax year that commences on 1 January 1992.

4 Refunds of stamp duty

Section 10A applies to a person even if the conveyance referred to in subsection (2) (a) of that section took effect before the commencement of the Land Tax Management (Amendment) Act 1988 .

5 Application of amendments concerning charitable, educational and religious bodies

The amendments made by the Land Tax Management (Amendment) Act 1988 to section 10 (1) (d) and (e) apply in respect of the tax year that commences on 1 January 1987 and each subsequent tax year.

6 Persons required to furnish land tax returns

Until an order is published under section 12 (1), that section as in force immediately before the commencement of the Land Tax Management (Amendment) Act 1988 continues to apply.

7 Pending objections

Part 5 as in force immediately before the commencement of the Land Tax Management (Amendment) Act 1988 continues to apply to and in respect of an objection made under that Part before that commencement (including for the purposes of an appeal under that Part).

8 Public companies--exemptions for primary production

Land used for primary production and owned by a public company that was, immediately before the commencement of the Land Tax Management (Amendment) Act 1988 , entitled for a tax year commencing before 1 January 1989 to be declared by the Governor to be a company to which section 10 (1) (s), as then in force, applied is exempt from taxation leviable or payable in respect of that tax year.

Part 3 - Provisions consequent on enactment of Land Tax Management (Amendment) Act 1989

9 Pending objections

(1) In this clause--

"1988 amending Act" means the Land Tax Management (Amendment) Act 1988 .

"1989 amending Act" means the Land Tax Management (Amendment) Act 1989 .

"new appeal provisions" means the provisions of Part 5, as amended by the 1989 amending Act.
(2) An objection made under the provisions of Part 5 as in force before the commencement of the new appeal provisions is to be dealt with under the new appeal provisions unless--
(a) in the case of an objection made under the provisions of Part 5 as in force immediately before the commencement of the 1988 amending Act, the objector has (before the commencement of the new appeal provisions) requested the objection to be treated as an appeal or the time for making such a request has expired, and
(b) in the case of an objection made under the provisions of Part 5 as in force immediately before the commencement of the 1989 amending Act, the objector has (before the commencement of the new appeal provisions) required a case to be stated to the Supreme Court or the time for requiring a case to be stated has expired.

Part 4 - Provisions consequent on enactment of Land Tax (Amendment) Act 1990 and Land Tax Management (Amendment) Act 1990

10 Amendments not to affect previous liabilities

The amendments made by the Land Tax (Amendment) Act 1990 and the Land Tax Management (Amendment) Act 1990 do not affect any existing liability for land tax, except as provided by clause 11.

11 Special provision for retrospective changes to Land Tax Act 1956

(1) This clause applies to an assessment of land tax on the taxable value of land owned by a person at midnight on 31 December 1989.
(2) The Chief Commissioner is, under section 16, to make such amendments to an assessment to which this clause applies as may be necessary to give effect to section 3AE (Levy of land tax after 31 December 1989) of the Land Tax Act 1956 .
(3) A person's liability under an assessment to which this clause applies is to be regarded as the liability under that assessment as required to be amended by the Chief Commissioner (whether or not the assessment has actually been amended).
(4) If a certificate is issued under section 47 that conflicts with an earlier certificate under that section because of an amendment to an assessment required by this clause--
(a) the later certificate replaces the earlier certificate, and
(b) the earlier certificate has no further operation.

12 Land tax certificates

Section 47 (as amended by the Land Tax Management (Amendment) Act 1990 ) applies to a certificate issued under that section before (as well as after) the commencement of the amendments made to that section by that Act.

13 Applications for reductions--residential units and flats

An application for a reduction under section 3A or 3C of the Land Tax Act 1956 is to be regarded as an application for a reduction under section 9B or 9C, as appropriate, of this Act.

Part 5 - Provisions consequent on enactment of Land Tax Management (Further Amendment) Act 1990

14 Payment by instalments

The amendments made by the Land Tax Management (Further Amendment) Act 1990 to sections 39, 40 and 41 do not apply in respect of a tax year before the tax year that commences on 1 January 1992.

15 Increased tax-free threshold for residential land

The amendments made by the Land Tax Management (Further Amendment) Act 1990 to section 10 (4) and (5) apply to land tax payable in respect of the year commencing on 1 January 1991 and any succeeding year.

Part 6 - Provisions consequent on enactment of Stamp Duties (Miscellaneous Amendments) Act 1990

16 Stamp duty exemptions--effect on land tax

If a conveyance of land executed after 31 December 1990 and lodged with the Chief Commissioner of Stamp Duties before 1 July 1991 is exempt from duty under the Stamp Duties Act 1920 , pursuant to Schedule 2D to that Act, the transferee under the conveyance is to be considered to have been the owner of the land on 31 December 1990 for the purposes of this Act.

Part 7 - Provisions consequent on enactment of Land Tax Management (Amendment) Act 1991

17 Operation of amendments

The amendments made by the Land Tax Management (Amendment) Act 1991 (except the amendment made to clause 3 of this Schedule) do not apply in respect of a tax year before the tax year that commences on 1 January 1992 and do not affect any existing liability for land tax.

Part 8 - Provisions consequent on enactment of Land Tax Management (Amendment) Act 1992

18 Operation of amendments

The amendments made by the Land Tax Management (Amendment) Act 1992 do not (except as specifically provided) apply in respect of a tax year before the tax year that commences on 1 January 1993 and do not affect any existing liability for land tax.

19 Lessees of Crown land

(1) For the purposes of the application of section 21C to land owned by the Crown in respect of the tax years commencing on 1 January 1989, 1990, 1991 and 1992, the amendments made by Schedule 1 (13)-(16) of the Land Tax Management (Amendment) Act 1991 are taken to have commenced on 31 December 1988.
(2) Clause 17 has effect subject to subclause (1) of this clause.

20 Retirement villages/nursing homes

The amendments made to section 10R by the Land Tax Management (Amendment) Act 1992 operate on and from 31 December 1990.

21 Amounts postponed under section 9A

A reference in section 9A to an amount of land tax postponed under that section includes a reference to an amount of land tax postponed under that section before its substitution by the Land Tax Management (Amendment) Act 1992 .

22 Ascertainment of land value before commencement

The fact that a land value was ascertained under the provisions of Part 7 as substituted by the Land Tax Management (Amendment) Act 1992 after the date of assent to that Act but before the commencement of that Act does not affect the validity of such a land value and it is taken to have been validly ascertained.

Part 9 - Provisions consequent on enactment of State Revenue Legislation (Amendment) Act 1994

23 Leases from public authorities

The amendments made to section 21C by the State Revenue Legislation (Amendment) Act 1994 do not create a liability for land tax in respect of a lease exempted from the operation of that section by section 21C (6) (d) before the date of commencement of the amendments.

Part 10 - Provisions consequent on enactment of State Revenue Legislation Further Amendment Act 1997

24 Discretionary trusts and special trusts

A declaration made in relation to a land tax year by the Land Tax Management Regulation 1992 , as in force immediately before its repeal by the State Revenue Legislation Further Amendment Act 1997 , that a trust was not a discretionary trust or a special trust for the purposes of this Act continues to have effect in relation to the 1995, 1996 and 1997 land tax years despite the repeal of that regulation.

Part 11 - Strata Schemes (Leasehold Development) Amendment Act 1999

25 Operation of amendments

Section 21D, as inserted by the Strata Schemes (Leasehold Development) Amendment Act 1999 , does not impose any liability for land tax for a tax year that commenced before the commencement of that amendment and does not affect any liability for land tax for any such tax year.

Part 12 - Provisions consequent on enactment of Valuation of Land Amendment Act 2000

26 Definition

In this Part,
"the 2000 amending Act" means the Valuation of Land Amendment Act 2000 .

27 Application of section 62K

Section 62K (1A), as inserted by the 2000 amending Act, applies to an application made under section 62K (1) before the commencement of that Act in the same way as it applies to an application made under that subsection after that commencement.

28 Application of section 62N

Section 62N (1), as amended by the 2000 amending Act, applies to an objection relating to an allowance determined before the commencement of that Act in the same way as it applies to an objection relating to an allowance determined after that commencement.

Part 13 - Provisions consequent on enactment of State Revenue Legislation Further Amendment (No 2) Act 2001

29 Postponement of land tax attributable to unutilised value

(1) The former section 9A continues to apply in respect of land tax payable for a tax year commencing on or before 1 January 2001, subject to this clause.
(2) The new section 9A extends to a tax year commencing on or before 1 January 2001 if--
(a) a person postponed the payment of land tax under former section 9A in any assessment made in respect of such a tax year, and
(b) the person did not cease to be entitled to the postponement of land tax under former section 9A before that date.
(3) For the purpose of applying the new section 9A to such a person, the person is taken to have had their liability for land tax in that year, and in the previous year or years in which payment of the land tax was postponed, assessed in accordance with the new section 9A.
(4) In this clause--

"former section 9A" means section 9A as in force immediately before its substitution by the State Revenue Legislation Further Amendment (No 2) Act 2001 .

"new section 9A" means section 9A as substituted by the State Revenue Legislation Further Amendment (No 2) Act 2001 .

30 Repeal of certain provisions

The repeal of sections 10M-10O, and sections 30, 31 and 32, by the State Revenue Legislation Further Amendment (No 2) Act 2001 does not affect the application of those sections to or in respect of a tax year commencing before the repeal of those sections and does not affect any existing liability for land tax.

31 Amendments to section 10R

The amendments made to section 10R by the State Revenue Legislation Further Amendment (No 2) Act 2001 apply in respect of a land tax year commencing on or after the commencement of those amendments, despite section 10R (5).

Part 14 - Provisions consequent on enactment of State Revenue Legislation Amendment Act 2002

32 Amendments to principal place of residence exemption

The amendments made to section 10, and the insertion of section 10AA, by the State Revenue Legislation Amendment Act 2002 apply in respect of a land tax year commencing on or after the commencement of section 10AA and do not affect any existing liability for land tax.

Part 15 - Provisions consequent on enactment of State Revenue Legislation Further Amendment Act 2003

33 Definition

In this Part--

"2003 amending Act" means the State Revenue Legislation Further Amendment Act 2003 .

34 Amendment to definition of "special trust"

The amendment made to section 3A by the 2003 amending Act is taken to have had effect from 31 December 2002.

35 Application of principal place of residence exemption amendments

(1) The amendments made to this Act by the 2003 amending Act (other than the amendments referred to in clause 34) apply in respect of a land tax year commencing on or after 1 January 2004 and do not affect any existing liability for land tax.
(2) Subject to subclause (1), a reference in Schedule 1A to the principal place of residence exemption, in relation to land owned and occupied as a principal place of residence before 31 December 2003, is a reference to section 10 (1) (r) of this Act (as in force immediately before its substitution by the 2003 amending Act).
(3) Subject to subclause (1), a reference in clause 8 of Schedule 1A to a period in which land was actually used and occupied as a principal place of residence by the owner extends to any such period that occurred, or started, before 31 December 2003.

Part 16 - Provisions consequent on repeal of Premium Property Tax Act 1998

36 Repeal of Premium Property Tax Act 1998

(1) The amendments made to this Act by Schedule 3 to the State Revenue Legislation Amendment Act 2004 , and the repeal of the Premium Property Tax Act 1998 , apply in respect of a land tax year commencing on or after 1 January 2005 and do not affect any existing liability for land tax.
(2) This Act and the Taxation Administration Act 1996 , as in force immediately before those amendments were made, and the Premium Property Tax Act 1998 , as in force immediately before its repeal, continue to apply in respect of any such liability.

Part 17 - Provisions consequent on enactment of State Revenue Legislation Further Amendment Act 2005

37 Application of amendments--general

(1) The amendments made to this Act by the State Revenue Legislation Further Amendment Act 2005 apply in respect of the assessment of land tax in the land tax year commencing on 1 January 2006 and any subsequent land tax year.
(2) Except as otherwise provided by this Part, the amendments made to this Act by the State Revenue Legislation Further Amendment Act 2005 do not apply in respect of the assessment of land tax in the land tax year commencing on 1 January 2005 or any previous land tax year.
(3) Accordingly, the provisions of this Act, as in force immediately before the date of assent to the State Revenue Legislation Further Amendment Act 2005 , continue to apply in respect of the assessment of any land tax liability for the land tax year commencing on 1 January 2005 or any previous land tax year.

38 Amendments to principal place of residence exemption

(1) The amendment made to section 3A of this Act by the State Revenue Legislation Further Amendment Act 2005 has effect as if it had commenced on 31 December 2003 and accordingly extends to the assessment of any land tax payable for the land tax year commencing on 1 January 2004 or 1 January 2005.
(2) The amendments made to clause 8 of Schedule 1A to this Act by the State Revenue Legislation Further Amendment Act 2005 have effect as if those amendments had commenced on 31 December 2004 and accordingly extend to the assessment of any land tax payable for the land tax year commencing on 1 January 2005.
(3) Anything done or omitted to be done before the date of assent to the State Revenue Legislation Further Amendment Act 2005 , that would have been validly done or omitted if the amendments made to section 3A and clause 8 of Schedule 1A to this Act had been in force at the time that it was done or omitted, is taken to have been validly done or omitted.

Part 18 - Provisions consequent on enactment of State Revenue Legislation Amendment Act 2006

39 Application of amendments

(1) Section 10S, as in force immediately before the amendments made by the State Revenue Legislation Amendment Act 2006 , continues to apply in respect of the land tax payable in the year commencing 1 January 1991 or any subsequent year before the year commencing 1 January 2006.
(2) The amendments made to clauses 9 and 10 of Schedule 1A by the State Revenue Legislation Amendment Act 2006 apply to the assessment of liability for land tax payable in the year commencing 1 January 2007 or any subsequent year, even if the owner of the land died before the commencement of the amendments.

Part 19 - Provisions consequent on enactment of State Revenue and Other Legislation Amendment (Budget Measures) Act 2006

40 Amendments to land valuation methods

(1) The amendments made to this Act by the State Revenue and Other Legislation Amendment (Budget Measures) Act 2006 apply in respect of a land tax year commencing on or after 1 January 2007 and do not affect any liability for land tax in respect of a land tax year commencing before that date.
(2) This Act, as in force immediately before 31 December 2006, continues to apply in respect of any such liability.

Part 20 - Provisions consequent on enactment of State Revenue Legislation Amendment (Tax Concessions) Act 2006

41 Amendments relating to trusts

(1) The trust amendments apply as if those amendments had commenced on 31 December 2005.
(2) Liability for land tax in respect of the land tax year commencing on 1 January 2006 and subsequent land tax years is to be assessed or reassessed accordingly.
(3) Anything done or omitted to be done before the date of assent to the State Revenue Legislation Amendment (Tax Concessions) Act 2006 that would have been validly done or omitted to be done if the trust amendments had been in force at the time that it was done or omitted to be done is taken to have been validly done or omitted to be done.
(4) In this clause, the
"trust amendments" means the amendments made to section 3A by the State Revenue Legislation Amendment (Tax Concessions) Act 2006 , and the provisions of Schedule 1AA, as inserted by that Act.

42 Restructuring of unit trust for land tax purposes--concession

(1) This clause applies in respect of a unit trust (within the meaning of Schedule 1AA) if--
(a) an instrument is executed on or after 6 June 2006 and before 1 January 2008 that effects a variation to a trust deed for a unit trust, and
(b) before the instrument is executed, unit holders in the unit trust have fixed entitlements under the trust, and
(c) the purpose of the variation is to enable the unit trust to satisfy the relevant criteria (within the meaning of section 3A) and, accordingly, to be treated as a fixed trust under that section, and
(d) the variation does not directly or indirectly result in a change in the proportion of any income or capital to which a unit holder is entitled under the trust.
(2) Any land tax payable in respect of the land the subject of the unit trust is to be assessed or reassessed as if the variation to the trust deed took effect on 31 December 2005.
(3) Unit holders in a unit trust have
"fixed entitlements" under the trust if--
(a) the unit holders are entitled to a fixed proportion of the income or capital distributions of the trust (if any are made) based on the number or class of units owned by them, and
(b) the entitlements referred to in paragraph (a) cannot be removed, restricted or otherwise affected by the exercise of a discretion, or by a failure to exercise a discretion, conferred on any person under the trust.
(4) Anything done or omitted to be done on or after 6 June 2006 and before the date of assent to the State Revenue Legislation Amendment (Tax Concessions) Act 2006 that would have been validly done or omitted to be done if this clause had been in force at the time that it was done or omitted to be done is taken to have been validly done or omitted to be done.

43 Determinations made by Valuer-General before commencement of budget measures

(1) Anything done by the Valuer-General before the commencement of Schedule 3 to the State Revenue and Other Legislation Amendment (Budget Measures) Act 2006 that would have been validly done under section 62TBA of this Act (as substituted by that Act) if Schedule 3 to that Act had commenced and it had been done before 15 October 2006, is taken to have been validly done under that section and has effect as if that Schedule had been in force at the time that it was done.
(2) Anything omitted to be done by the Valuer-General before the commencement of Schedule 3 to the State Revenue and Other Legislation Amendment (Budget Measures) Act 2006 that would have been validly omitted to be done if Schedule 3 to that Act had commenced at the time that it was omitted is taken to have been validly omitted to be done.

Part 21 - Provisions consequent on enactment of Duties Amendment (First Home Plus One) Act 2007

44 Application of concession for shared equity arrangements

The amendments made to this Act by the Duties Amendment (First Home Plus One) Act 2007 apply in respect of a land tax year commencing on or after 1 January 2008 and do not affect any liability for land tax in respect of a land tax year commencing before that date.

Part 22 - Provisions consequent on enactment of State Revenue Legislation Amendment Act 2008

45 Application of amendments

The amendments made to this Act by the State Revenue Legislation Amendment Act 2008 apply in respect of a land tax year commencing on or after the date of commencement of the amendments and do not affect any liability for land tax in respect of any land tax year commencing before that date.

Part 23 - Provisions consequent on enactment of State Revenue Legislation Further Amendment Act 2009

46 Application of amendments

The amendments made to this Act by the State Revenue Legislation Further Amendment Act 2009 (the
"2009 amending Act" ) apply in respect of a land tax year commencing on or after the date of commencement of the amendments and do not affect any liability for land tax in respect of any land tax year commencing before that date, except as otherwise provided by this Part.

47 Lord Howe Island leases

The amendment made to section 21C by the 2009 amending Act has effect as if it had commenced on the commencement of section 21C.

Part 24 - Provisions consequent on enactment of State Revenue Legislation Amendment Act 2010

48 Definition

In this Part--

"amending Act" means the State Revenue Legislation Amendment Act 2010 .

49 Application of amendments

The amendments made to this Act by the amending Act apply in respect of a land tax year commencing on or after the date of commencement of the amendments and do not affect any liability for land tax in respect of any land tax year commencing before that date, except as otherwise provided by this Part.

50 Repeal of section 65A

(1) The repeal of section 65A by the amending Act is taken to have had effect on and from the relevant date.
(2) The repeal revokes the power that was conferred on the Chief Commissioner by that section, including in relation to a tax year occurring or commencing before the relevant date.
(3) The amending Act does not affect the validity of any assessment, reassessment or compromise assessment of land tax made on the basis of section 65A before the relevant date.
(4) The amending Act does not affect any objection lodged or other proceedings commenced before the relevant date that have not been finally determined and section 65A continues to apply for those purposes only.
(5) In this clause, the
"relevant date" means the date of introduction of the Bill for the State Revenue Legislation Amendment Act 2010 into the Legislative Assembly.

51 Concession for unoccupied land intended to be owner's principal place of residence

Clause 6 of Schedule 1A, as in force immediately before its amendment by the amending Act, continues to apply in respect of a claim for the principal place of residence exemption that is made by a person in respect of the 2011 tax year or a subsequent tax year if clause 6 of Schedule 1A applied in respect of the assessment of the person's ownership of the land in the 2010 tax year or a previous tax year.

Part 25 - Provisions consequent on enactment of State Revenue Legislation Further Amendment Act 2010

52 Application of amendments

The amendments made to this Act by the State Revenue Legislation Further Amendment Act 2010 apply only--

(a) in respect of a death occurring on or after 1 January 2010, and
(b) to the assessment of land tax liability in respect of the 2011 land tax year and subsequent land tax years.

Part 26 - Provisions consequent on enactment of State Revenue Legislation Amendment Act 2012

53 Amendment relating to special trusts

The amendment made to section 3A by the State Revenue Legislation Amendment Act 2012 is taken to apply to the assessment of land tax liability in respect of the 2000 land tax year and subsequent land tax years.

54 Amendments relating to concessional trusts

The amendments made to section 3B by the State Revenue Legislation Amendment Act 2012 are taken to apply to the assessment of land tax liability in respect of the 2011 land tax year and subsequent land tax years.

Part 27 - Provisions consequent on enactment of State Revenue Legislation Amendment Act 2014

55 General application of amendments

The amendments made to this Act by the State Revenue Legislation Amendment Act 2014 apply to the assessment of land tax liability in respect of the 2014 land tax year and subsequent land tax years.

56 Amendments relating to child care services

Section 10 (1) (u) and (v), as inserted by the State Revenue Legislation Amendment Act 2014 , extend to the assessment of land tax liability in respect of the 2013 land tax year.

57 Fixed trusts

A unit trust that satisfies the relevant criteria referred to in section 3A, as amended by the State Revenue Legislation Amendment Act 2014 , by the end of 30 June 2013 is taken to be a fixed trust under section 3A (3) in relation to the 2013 land tax year.

Part 28 - Provisions consequent on enactment of State Revenue Legislation Further Amendment Act 2014

58 General application of amendments

An amendment made to this Act by the State Revenue Legislation Further Amendment Act 2014 applies to an assessment of land tax liability in respect of a land tax year that commences after the commencement of the amendment.

Part 29 - Provisions consequent on enactment of State Revenue Legislation Amendment Act 2016

59 General application of amendments

The amendments made to this Act by the State Revenue Legislation Amendment Act 2016 apply to the assessment of land tax liability in respect of the 2017 land tax year and subsequent land tax years.

Part 30 - Provisions consequent on enactment of State Revenue Legislation Amendment Act 2017

60 Amendment applies to new leases only

(1) Section 21CA, as inserted by the State Revenue Legislation Amendment Act 2017 , applies only to leases entered into or renewed on or after 1 January 2018.
(2) Accordingly, section 21CB, as inserted by that Act, does not apply to any land tax amount that is payable for the land tax year commencing on 1 January 2018 or a previous land tax year.
Note--: Land tax liability arises at midnight on 31 December.

Part 31 - Provisions consequent on enactment of State Revenue and Other Legislation Amendment (Budget Measures) Act 2017

61 Amendments relating to shared equity schemes

The amendments made to Schedule 1A by the State Revenue and Other Legislation Amendment (Budget Measures) Act 2017 apply to the assessment of land tax liability in respect of the 2018 land tax year and subsequent land tax years.

62 Amendments to Land Tax Act 1956

(1) The amendments made to the Land Tax Act 1956 by Schedule 2.2 [2] and [4] to the State Revenue and Other Legislation Amendment (Budget Measures) Act 2017 apply to the assessment of land tax liability in respect of the 2018 land tax year and subsequent tax years.

62A Refund of surcharge land tax for 2017 land tax year

(1) The Chief Commissioner must assess or reassess the surcharge land tax chargeable on residential land on the basis that no surcharge land tax is chargeable on the residential land for the land tax year starting on 1 January 2017 if--
(a) a liability for surcharge land tax arose at midnight on 31 December 2016, and
(b) a relevant determination is made by the Chief Commissioner before 1 January 2018 and is approved by the Treasurer for the purposes of this clause, and
(c) the Chief Commissioner is satisfied that no surcharge land tax would have been chargeable on the residential land had the relevant determination been made before the liability for surcharge land tax arose.
(2) A
"relevant determination" is a determination made under section 104I (2) of the Duties Act 1997 (as inserted by the State Revenue and Other Legislation Amendment (Budget Measures) Act 2017 ).
(3) In the case of a reassessment, the Chief Commissioner must refund any surcharge land tax paid on the residential land if an application for the refund of the land tax is made within 5 years after the initial assessment.
(4) In this clause,
"residential land" has the same meaning as in Chapter 2A of the Duties Act 1997 .
(5) Subclauses (1)-(4) re-enact clause 3 of the Land Tax Management (Transitional) Regulation 2018 and are transferred provisions to which section 30A of the Interpretation Act 1987 applies.

Part 32 - Provision consequent on enactment of State Revenue Legislation Amendment (Surcharge) Act 2017

63 Surcharge land tax--new home development by Australian-based developers

Section 5C of the Land Tax Act 1956 applies to the assessment of land tax liability in respect of the 2017 land tax year and subsequent tax years.

Part 33 - Provisions consequent on enactment of State Revenue and Other Legislation Amendment Act 2019

64 Definition

In this Part--

"amending Act" means the State Revenue and Other Legislation Amendment Act 2019 .

65 Surcharge land tax--retirement visa holders

The amendments made to the Land Tax Act 1956 by Schedule 2.2 to the amending Act apply to the assessment of land tax liability in respect of the 2020 land tax year and subsequent land tax years.

Part 34 - Provisions consequent on enactment of State Revenue Legislation Further Amendment Act 2020

66 Amendments relating to discretionary trusts

(1) Section 5D of the Land Tax Act 1956 applies to the assessment of land tax liability in respect of the 2017 land tax year and subsequent land tax years.
(2) If the trustee of a discretionary trust is liable in that capacity as a foreign person for surcharge land tax in respect of the 2017, 2018, 2019 or 2020 land tax year--
(a) the trustee is exempt from that land tax if the terms of the trust have been amended, before payment of the land tax is due and before midnight on 31 December 2020, so that the trust prevents a foreign person from being a beneficiary, or
(b) if that land tax has been paid, the trustee is entitled to a refund of that land tax if the terms of the trust have been amended, before midnight on 31 December 2020, so that the trust prevents a foreign person from being a beneficiary.
(3) A trust that satisfies the no foreign beneficiary requirement under section 5D of the Land Tax Act 1956 immediately before the commencement of that section is considered for the purposes of that section to prevent a foreign person from being a beneficiary of the trust (without having to satisfy the no amendment requirement under that section).
(4) Despite section 5D of the Land Tax Act 1956 , the trustee of an Australian testamentary trust is not in that capacity a foreign person for the purposes of the application of section 5A of that Act to residential land owned by a foreign person if--
(a) liability for land tax is required (under clause 9 of Schedule 1A to this Act) to be assessed as if the deceased had not died and had continued to use and occupy the land as his or her principal place of residence, or
(b) any of the following apply (even if the trust does not prevent a foreign person from being a beneficiary of the trust)--
(i) for a trust arising from a will or codicil--the will or codicil was executed on or before 31 December 2020,
(ii) for a trust arising from the administration of an intestate estate--the deceased died before, or within 2 years after, the commencement of section 5D of the Land Tax Act 1956 ,
(iii) for a trust resulting from an order of a court varying the application of the provisions of a will or codicil or of the rules governing the distribution of an intestate estate--the order was made on or before 31 December 2020.
(5) The Chief Commissioner may in a particular case extend the date by which payment of surcharge land tax by a trustee is due so that the trustee qualifies for exemption from that surcharge land tax under this clause if the terms of the trust have been amended before midnight on 31 December 2020 (but after the date by which payment would otherwise be due) so that the trust prevents a foreign person from being a beneficiary.
(6) In this clause--

"Australian testamentary trust" means a discretionary trust arising from a will or codicil or the administration of an intestate estate (or as a result of an order of a court varying the application of the provisions of a will or codicil or of the rules governing the distribution of an intestate estate) where the deceased was not a foreign person immediately before his or her death.
(7) Expressions in this clause have the same meanings as in section 5D of the Land Tax Act 1956 .



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