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LAND TAX ACT 2010 - SECT 35
Explanation of operation of home provisions
35 Explanation of operation of home provisions
(1) The purpose of this section is to explain generally how this division
provides for land that is used as a home to be exempt land.
(2) Land is
exempt under subdivision 3 if it is used as the home of— (a) the owner; or
(b) if the owner is a trustee and is not an absentee—all beneficiaries of
the trust.
(3) Under subdivision 2 , land is used as a person’s home if—
(a) the 6 month residency test in section 36 (1) (a) is satisfied; or
(b) the
person satisfies the requirements of section 37 or 38 (the person received
care during the 6 month residency period or the person is temporarily living
elsewhere because of renovations); or
(c) the commissioner is satisfied the
person is using the land as his or her principal place of residence when the
relevant liability for land tax arises (see section 36 (1) (c) ).
(4) Land is
partially exempt under subdivision 3 if it is used as a home as mentioned in
subsection (2) but it is also used for a non-exempt purpose.
(5) Under
subdivision 2 , land is used for a non-exempt purpose if it is used for any
other substantial purpose, except if the only other purpose it is used for is
1 or more of the following— (a) for— (i) 1 allowable letting; or
(ii) 2
allowable lettings, if at least 1 is a family letting and certain other
requirements are met (see section 40 );
(b) for a working from home
arrangement.
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