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LAND TAX ACT 2010 - SECT 44A
Reassessment—transitioning to or from current home
44A Reassessment—transitioning to or from current home
(1) This section applies if a person’s liability for land tax is assessed on
the basis that the person is, under section 42A , the owner of an old home
that is exempt land for a financial year (the
"relevant year" ), but— (a) on the liability date mentioned in section 42A
(1) (b) (iii) , the person is still the owner of the old home; or
(b) the old
home is not exempt under section 42A (2) because the person has received rents
or profits in the way mentioned in section 42A (3) .
(2) This section also
applies if a person’s liability for land tax is assessed on the basis that
the person is, under section 42B , the owner of a new home that is exempt land
for a financial year (also the
"relevant year" ), but— (a) on the liability date mentioned in section 42B
(1) (a) (ii) , the person is still the owner of the current home mentioned in
that section; or
(b) on the liability date mentioned in section 42B (1) (b)
(iii) , the new home is not exempt or partially exempt land under section 41
or 42 for the person; or
(c) on the liability date mentioned in section 42B
(1) (b) (iv) , the person is not the owner of the new home; or
(d) the new
home is not exempt under section 42B (2) because the person has received rents
or profits in the way mentioned in section 42B (3) .
(3) Each matter
mentioned in subsection (1) (a) and (b) and (2) (a) to (d) is a
"relevant matter" .
(4) The person must give notice to the commissioner
stating the details of the relevant matter. Note— Under the Administration
Act , the requirement under this subsection is a lodgement requirement for
which a failure to comply is an offence under section 121 of that Act.
(5)
The notice mentioned in subsection (4) must be given within 28 days after the
day the relevant matter happens, or the circumstances comprising the
relevant matter arise.
(6) The commissioner must make a reassessment of the
person’s liability for land tax for the relevant year on the basis that the
land was not exempt land.
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