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LAND TAX ACT 2010 - SECT 75

Reassessment made after taxpayer elects to pay by instalments

75 Reassessment made after taxpayer elects to pay by instalments

(1) This section applies if—
(a) a taxpayer elects to pay land tax by instalments; and
(b) before the last instalment date, the taxpayer is given an assessment notice for a reassessment made by the commissioner; and
(c) the reassessment varies the taxpayer’s liability for land tax.
Note—
If the reassessment decreases the taxpayer’s liability for land tax, see also the Administration Act , part 4 , division 2 for refunds.
(1A) If the reassessment decreases the taxpayer’s liability for land tax so that the remaining land tax payable is less than the amount of the next instalment, the amount of the next instalment is adjusted in accordance with the taxpayer’s varied liability for land tax.
(2) If the reassessment day is at least 30 days before the last instalment date, and subsection (1A) does not apply—
(a) the amount of an instalment payable 30 days or more after the reassessment day is adjusted in accordance with the taxpayer’s varied liability for land tax; and
(b) the amount of an instalment payable less than 30 days after the reassessment day is not adjusted.
(3) If subsection (2) (a) applies for at least 1 instalment and the reassessment increases the taxpayer’s liability for land tax, the Administration Act , section 30 does not apply for payment of the additional liability.
(4) If the reassessment day is less than 30 days before the last instalment date and the reassessment increases the taxpayer’s liability for land tax—
(a) the taxpayer’s increased liability is payable by the date provided for under the Administration Act , section 30 ; and
(b) despite the Administration Act , section 29 , the increased liability must be paid by direct debit; and
(c) for the Administration Act , section 54 (2) and (2A) (a) , the start date is the day after the last instalment date.
(5) However, subsection (4) (c) does not apply if the taxpayer fails to pay the last instalment by the last instalment date.
(6) An assessment notice for the reassessment must state, for each instalment payable after the reassessment day, the amount payable for the instalment.
(7) Subsection (6) does not limit the Administration Act , section 26 .
(8) In this section—

"reassessment day" means the day on which an assessment notice for the reassessment is given to the taxpayer.



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