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TASMANIA
__________
TAXATION AND RELATED LEGISLATION
(MISCELLANEOUS AMENDMENTS) BILL 2010
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - DUTIES ACT 2001 AMENDED
3. Principal Act
4. Section 22 amended (Aggregation of dutiable transactions)
5. Section 55 amended (Exemptions - transfers to partners in a
marriage or relationship)
6. Section 165 amended (When is a premium paid?)
PART 3 - DUTIES ACT 2001 FURTHER AMENDED
7. Principal Act
8. Section 3 amended (Interpretation)
9. Section 56A inserted
56A. Exemptions - break-down of de facto relationships
10. Section 72 amended (Exemptions)
11. Section 199 amended (Exemptions)
PART 4 - FIRST HOME OWNER GRANT ACT 2000 AMENDED
12. Principal Act
13. Section 3 amended (Interpretation)
[Bill 13]-IV
14. Section 11 amended (Criterion 4 - Applicant (or applicant's
spouse) must not have had relevant interest in residential
property)
PART 5 - LAND TAX ACT 2000 AMENDED
15. Principal Act
16. Section 39 amended (Recovery of unpaid land tax)
PART 6 - TAXATION ADMINISTRATION ACT 1997 AMENDED
17. Principal Act
18. Section 29A amended (Payment of interest)
19. Section 113B amended (Application of Division 3A)
PART 7 - REPEAL
20. Repeal of Act
2
TAXATION AND RELATED LEGISLATION
(MISCELLANEOUS AMENDMENTS) BILL 2010
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
17 June 2010
(Brought in by the Deputy Premier, the Honourable Larissa
Tahireh Giddings)
A BILL FOR
An Act to amend the Duties Act 2001, the First Home
Owner Grant Act 2000, the Land Tax Act 2000 and the
Taxation Administration Act 1997
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Taxation and
Related Legislation (Miscellaneous
Amendments) Act 2010.
[Bill 13] 3
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2010
Act No. of
s. 2 Part 1 - Preliminary
2. Commencement
(1) Except as provided in this section, this Act
commences on the day on which this Act
receives the Royal Assent.
(2) Part 3 is taken to have commenced on
8 October 2008.
4
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2010
Act No. of
Part 2 - Duties Act 2001 Amended s. 3
PART 2 - DUTIES ACT 2001 AMENDED
3. Principal Act
In this Part, the Duties Act 2001* is referred to
as the Principal Act.
4. Section 22 amended (Aggregation of dutiable
transactions)
Section 22 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(2A) In considering whether or not he or she is
satisfied for the purposes of
subsection (2), it is just and reasonable
for the Commissioner to determine that it
is appropriate to aggregate a gift that is
interdependent with, or forms
substantially part of one arrangement
with, a transaction of value.
5. Section 55 amended (Exemptions - transfers to
partners in a marriage or relationship)
Section 55 of the Principal Act is amended as
follows:
*No. 15 of 2001
5
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2010
Act No. of
s. 5 Part 2 - Duties Act 2001 Amended
(a) by omitting subparagraph (ii) from
subsection (1)(b);
(b) by inserting the following subsection
after subsection (1):
(1A) If -
(a) ad valorem duty was paid
on a transfer of vacant
land; and
(b) as a result of the transfer,
the whole of the property
is held by the parties to a
marriage or significant
relationship, or by caring
partners, as joint tenants
or as tenants in common
in equal shares; and
(c) the parties to the marriage
or significant relationship,
or the caring partners,
within 2 years from the
date of the transfer
referred to in
paragraph (a), use the
land as the site of a
private dwelling house
that is solely or
principally used as their
principal place of
residence; and
6
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2010
Act No. of
Part 2 - Duties Act 2001 Amended s. 6
(d) both the transferor and the
transferee are the parties
to the marriage or
significant relationship, or
are the caring partners, or
one of them and no other
person is a party to the
transfer -
the Commissioner must reassess
the transfer and refund the duty
paid.
6. Section 165 amended (When is a premium paid?)
Section 165 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1)(a) "or
insurance intermediary" after "insurer";
(b) by inserting in subsection (1)(b) "or
insurance intermediary" after "insurer";
(c) by inserting in subsection (2) "or an
insurance intermediary" after "directly by
an insurer";
(d) by inserting in subsection (2) "or an
insurance intermediary" after "received
by an insurer";
(e) by inserting in subsection (2) "or
insurance intermediary's" after
"insurer's".
7
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2010
Act No. of
s. 7 Part 3 - Duties Act 2001 Further Amended
PART 3 - DUTIES ACT 2001 FURTHER AMENDED
7. Principal Act
In this Part, the Duties Act 2001* is referred to
as the Principal Act.
8. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following definitions
after the definition of "declaration of
trust":
"de facto relationship" has the same
meaning as in the Family Law Act
1975 of the Commonwealth;
"de facto relationship property"
means -
(a) property of the parties to a
de facto relationship or of
either of them; and
(b) any estate or interest in
that property;
(b) by inserting the following definition after
the definition of "partnership interest":
*No. 15 of 2001
8
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2010
Act No. of
Part 3 - Duties Act 2001 Further Amended s. 9
"party to a de facto relationship"
means a person who lives, or has
lived, in a de facto relationship;
9. Section 56A inserted
After section 56 of the Principal Act, the
following section is inserted in Part 6:
56A. Exemptions - break-down of de facto
relationships
(1) No duty is chargeable under this Chapter
on a transfer, or an agreement for the sale
or transfer, of de facto relationship
property if -
(a) the property is transferred, or
agreed to be sold or transferred,
to the parties to a de facto
relationship that has been
terminated, or to either of them,
or to a child of the relationship
who is under the age of 18; and
(b) the transfer or agreement is
effected by or in accordance
with -
(i) a document registered or
approved under the
Family Law Act 1975 of
the Commonwealth; or
9
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2010
Act No. of
s. 9 Part 3 - Duties Act 2001 Further Amended
(ii) a financial agreement
made under section
90UB, 90UC or 90UD of
that Act; or
(iii) an order of a court under
that Act; or
(iv) a purchase at public
auction of property that,
immediately before the
auction, was de facto
relationship property,
where the public auction
is held to comply with
any such document,
financial agreement or
order.
(2) No duty is chargeable under this Chapter
on a dutiable transaction to the extent
that -
(a) for the purposes of or ancillary to
a transfer referred to in
subsection (1), it transfers a share
that is de facto relationship
property to a person not a party to
the relevant de facto relationship
in order to comply with a
requirement of or prescribed
under the Corporations Act; or
(b) it is a declaration of trust, by the
transferee of a share transferred
10
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2010
Act No. of
Part 3 - Duties Act 2001 Further Amended s. 9
as referred to in paragraph (a), for
the benefit of a party to the de
facto relationship.
(3) If -
(a) ad valorem duty was paid on a
transfer, or agreement for the sale
or transfer, of de facto
relationship property to the
parties to a de facto relationship
or to either of them, or to a child
of the relationship who is under
the age of 18; and
(b) the transfer or agreement for the
sale or transfer of de facto
relationship property is effected
by or in accordance with -
(i) a document registered or
approved under the
Family Law Act 1975 of
the Commonwealth; or
(ii) an order of the court
under that Act; or
(iii) a purchase, at public
auction, of property that,
immediately before the
auction, was de facto
relationship property,
where the public auction
is held to comply with
11
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2010
Act No. of
s. 10 Part 3 - Duties Act 2001 Further Amended
any such document or
order; and
(c) the Commissioner is satisfied that
the de facto relationship has been
terminated -
the Commissioner must reassess the
transfer or agreement and refund the duty
paid.
10. Section 72 amended (Exemptions)
Section 72 of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (f) in subsection (1):
(fa) if the interest was acquired by the
parties to a de facto relationship
that has been terminated, or by
either of them, or by a child of
the relationship under the age of
18 years, in accordance with -
(i) a document registered or
approved under the
Family Law Act 1975 of
the Commonwealth; or
(ii) a financial agreement
made under section
90UB, 90UC or 90UD of
that Act; or
12
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2010
Act No. of
Part 3 - Duties Act 2001 Further Amended s. 10
(iii) an order of a court under
that Act; or
(b) by inserting in subsection (1)(h)(i) ",
(fa)" after "paragraph (f)";
(c) by inserting the following subsection
after subsection (2):
(3) Parties to a de facto relationship
or either of them or a child of the
relationship under the age of 18
years are entitled to a refund of
duty paid on a relevant
acquisition where -
(a) ad valorem duty was paid
on the relevant
acquisition; and
(b) the acquisition was
pursuant to -
(i) a document
registered or
approved under
the Family Law
Act 1975 of the
Commonwealth;
or
(ii) an order of the
court under that
Act; and
13
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2010
Act No. of
s. 11 Part 3 - Duties Act 2001 Further Amended
(c) the Commissioner is
satisfied that the de facto
relationship has been
terminated.
11. Section 199 amended (Exemptions)
Section 199(1) of the Principal Act is amended
by inserting after paragraph (c) the following
paragraph:
(ca) an application to register a motor vehicle,
or a notice of a change of beneficial
ownership of a motor vehicle registered
in the names of the parties to a de facto
relationship or in the name of either of
them, to the extent that the vehicle was,
at the time the application was made or
notice lodged, de facto relationship
property, if it is proved to the satisfaction
of the Commissioner that -
(i) the de facto relationship has been
terminated (whether before or
after the certificate of registration
is issued); and
(ii) the application or notice was
made for the purposes of or in
accordance with an instrument
registered or approved under the
Family Law Act 1975 of the
Commonwealth, a financial
agreement made under section
14
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2010
Act No. of
Part 3 - Duties Act 2001 Further Amended s. 11
90UB, 90UC or 90UD of that Act
or an order of a court under that
Act;
15
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2010
Act No. of
s. 12 Part 4 - First Home Owner Grant Act 2000 Amended
PART 4 - FIRST HOME OWNER GRANT ACT 2000
AMENDED
12. Principal Act
In this Part, the First Home Owner Grant Act
2000* is referred to as the Principal Act.
13. Section 3 amended (Interpretation)
Section 3(2) of the Principal Act is amended by
omitting "or" and substituting "and".
14. Section 11 amended (Criterion 4 - Applicant (or
applicant's spouse) must not have had relevant
interest in residential property)
Section 11 of the Principal Act is amended by
omitting subsection (3) and substituting the
following subsection:
(3) An applicant is also ineligible if the
applicant or the applicant's spouse has, at
any time before the commencement date
of the eligible transaction to which the
application relates -
(a) held a relevant interest in
residential property in Tasmania
or an interest in residential
*No. 19 of 2000
16
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2010
Act No. of
Part 4 - First Home Owner Grant Act 2000 Amended s. 14
property in another State or a
Territory that is a relevant interest
under the corresponding law of
that State or Territory; and
(b) occupied the property as a place
of residence for a continuous
period of at least 6 months.
17
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2010
Act No. of
s. 15 Part 5 - Land Tax Act 2000 Amended
PART 5 - LAND TAX ACT 2000 AMENDED
15. Principal Act
In this Part, the Land Tax Act 2000* is referred
to as the Principal Act.
16. Section 39 amended (Recovery of unpaid land tax)
Section 39(2) of the Principal Act is amended by
omitting paragraph (b).
*No. 74 of 2000
18
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2010
Act No. of
Part 6 - Taxation Administration Act 1997 Amended s. 17
PART 6 - TAXATION ADMINISTRATION ACT 1997
AMENDED
17. Principal Act
In this Part, the Taxation Administration Act
1997* is referred to as the Principal Act.
18. Section 29A amended (Payment of interest)
Section 29A of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsection:
(1) In addition to the amount of an
overpayment of tax refunded under
section 29, the Commissioner is required
to pay interest on the amount of the
overpayment, calculated on a daily basis
from the date of payment of the amount
overpaid until the date the refund is
approved by the Commissioner.
19. Section 113B amended (Application of Division 3A)
Section 113B(1) of the Principal Act is amended
by omitting paragraph (b).
*No. 74 of 1997
19
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2010
Act No. of
s. 20 Part 7 - Repeal
PART 7 - REPEAL
20. Repeal of Act
This Act is repealed on the ninetieth day from
the day on which all of the provisions of this Act
commence.
20 Government Printer, Tasmania