Queensland Consolidated Acts

LAND TAX ACT 2010 - SECT 42

42 Partial exemption if land used for non-exempt purpose

(1) This section applies to land that is—

(a) comprised in 1 parcel; and

(b) either—

(i) owned by a person, other than a trustee or the manager of a time-sharing scheme, and used as the person’s home; or

(ii) owned by a trustee of a trust, other than an absentee, and used as the home of all beneficiaries of the trust; and

(c) used for a non-exempt purpose.

(2) The part of the land used as a home is exempt land.

(3) For subsection (2) , the commissioner must apportion the taxable value of the land between use as a home and use for non-exempt purposes, having regard to—

(a) the proportion of the land used for each purpose; and

(b) the extent to which each proportion is used for the purpose.

(4) For apportioning the taxable value of the land under subsection (3) , if there is not more than 1 family letting for the land, the family letting is taken to be included in the use of the land as a home.

(5) This section is subject to section 43 .

(6) In this section—

"family letting" see section 40 .

Note—

A co-owner, other than a trustee, who does not use the land as his or her home can not obtain a benefit under this section (see section 22 (3) ).