Queensland Consolidated Acts

LAND TAX ACT 2010 - SECT 18E

18E Who is a related person

(1) A person is a
"related person" of another person if—

(a) for individuals—they are members of the same family; or

(b) for an individual and a corporation—the person or a member of the person’s family is a majority shareholder, director or secretary of the corporation or a related body corporate of the corporation, or has an interest of 50% or more in it; or

(c) for an individual and a trustee—the person or a related person under another provision of this section is a beneficiary of the trust; or

(d) for corporations—they are related bodies corporate; or

(e) for a corporation and a trustee—the corporation or a related person under another provision of this section is a beneficiary of the trust; or

(f) for trustees—

(i) there is a person who is a beneficiary of both trusts; or

(ii) a person is a beneficiary of 1 trust and a related person under another provision of this section is a beneficiary of the other trust; or

(g) they are partners in a partnership.

(2) However, a person is not a
"related person" of another person under subsection (1) , other than subsection (1) (d) , if the commissioner is satisfied the interests of the persons as beneficiaries in a trust—

(a) were acquired independently and, when the liability for land tax arises, are being used independently; and

(b) were not acquired for a common purpose and, when the liability for land tax arises, are not being used for a common purpose.

Note—

See section 7 for when a liability for land tax arises.

(3) In this section—

"related bodies corporate" means bodies corporate that are related under the Corporations Act , section 50 .