Tasmanian Bills Tasmanian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
TAXATION AND RELATED LEGISLATION
(MISCELLANEOUS AMENDMENTS) BILL 2016
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - DUTIES ACT 2001 AMENDED
3. Principal Act
4. Section 7 amended (Imposition of duty on dutiable transactions
that are not transfers)
5. Section 56 amended (Exemptions - break-down of marriages)
6. Section 56A amended (Exemptions - break-down of de facto
relationships)
7. Section 248 amended (Assessment where consideration
inadequate)
PART 3 - DUTIES ACT 2001 FURTHER AMENDED
8. Principal Act
9. Section 57AA inserted
57AA. Exemptions - certain vestings
PART 4 - FIRST HOME OWNER GRANT ACT 2000 AMENDED
10. Principal Act
11. Section 13 amended (Eligible transaction)
[Bill 46]-XI
12. Section 18 amended (Amount of grant)
13. Section 18D inserted
18D. Conditions on increase of grant
PART 5 - LAND TAX ACT 2000 AMENDED
14. Principal Act
15. Section 38 amended (Special rate of land tax)
PART 6 - PAYROLL TAX ACT 2008 AMENDED
16. Principal Act
17. Section 32 amended (What is a relevant contract?)
18. Section 80 amended (Designated group employers)
19. Section 86 amended (Registration)
20. Schedule 2 amended (Tasmania-Specific Provisions)
21. Schedule 3 amended (Savings, transitional and other provisions)
PART 7 - TAXATION ADMINISTRATION ACT 1997 AMENDED
22. Principal Act
23. Section 19 amended (Reassessment)
24. Section 28 amended (Application for refund)
25. Section 29 amended (Refund)
26. Section 29A amended (Payment of interest)
27. Section 59A inserted
59A. Payment of amount of tax to liquidators, &c.
28. Section 94 amended (Refund of amount)
29. Section 95 amended (Payment of interest)
30. Schedule 1 amended (Savings and transitional)
PART 8 - CONCLUDING PROVISION
31. Repeal of Act
2
TAXATION AND RELATED LEGISLATION
(MISCELLANEOUS AMENDMENTS) BILL 2016
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.
SHANE DONNELLY, Clerk of the House
14 September 2016
(Brought in by the Treasurer, the Honourable Peter Carl
Gutwein)
A BILL FOR
An Act to amend the Duties Act 2001, the Land Tax Act
2000, the Payroll Tax Act 2008, the Taxation Administration
Act 1997 and the First Home Owner Grant Act 2000
Be it enacted by Her 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 2016.
2. Commencement
(1) Except as provided in this section, the provisions
of this Act commence on the day on which this
Act receives the Royal Assent.
[Bill 46] 3
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2016
Act No. of
s. 2 Part 1 - Preliminary
(2) Part 3 is taken to have commenced on
1 July 2001.
4
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2016
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 7 amended (Imposition of duty on dutiable
transactions that are not transfers)
Section 7(1) of the Principal Act is amended by
omitting "section 6(1)(b)" and substituting
"section 6(1)(b) or (c)".
5. Section 56 amended (Exemptions - break-down of
marriages)
Section 56(3)(b) of the Principal Act is amended
by inserting after subparagraph (i) the following
subparagraph:
(ia) a financial agreement made under section
90B, 90C or 90D of that Act; or
6. Section 56A amended (Exemptions - break-down of
de facto relationships)
Section 56A(3)(b) of the Principal Act is
amended by inserting after subparagraph (i) the
following subparagraph:
*No. 15 of 2001
5
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2016
Act No. of
s. 7 Part 2 - Duties Act 2001 Amended
(ia) a financial agreement made under section
90UB, 90UC or 90UD of that Act; or
7. Section 248 amended (Assessment where
consideration inadequate)
Section 248 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "on the
agreement or other instrument" and
substituting "on the dutiable transaction,
or on the agreement or other
instrument,";
(b) by inserting in subsection (4) "dutiable
transaction or" after "any";
(c) by omitting from subsection (5) "any
instrument" and substituting "a dutiable
transaction or instrument";
(d) by omitting subsection (6) and
substituting the following subsection:
(6) If the Commissioner determines
an objection referred to in
subsection (5), the Commissioner
may -
(a) determine the value of the
real property by treating
as the unencumbered
value of the real property
the value declared in the
6
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2016
Act No. of
Part 2 - Duties Act 2001 Amended s. 7
declaration provided
under subsection (5); or
(b) if not satisfied with the
value of the real property
declared in the declaration
provided under
subsection (5) -
(i) have the property
valued; and
(ii) determine the
value of the real
property by
treating as the
unencumbered
value of the real
property the value
declared in the
declaration
provided under
subparagraph (i).
7
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2016
Act No. of
s. 8 Part 3 - Duties Act 2001 Further Amended
PART 3 - DUTIES ACT 2001 FURTHER AMENDED
8. Principal Act
In this Part, the Duties Act 2001* is referred to
as the Principal Act.
9. Section 57AA inserted
After section 57 of the Principal Act, the
following section is inserted in Part 6:
57AA. Exemptions - certain vestings
No duty is chargeable under this Chapter
on a vesting of dutiable property if -
(a) it is a vesting of dutiable property
in a legal personal representative
of a deceased person or under
section 12 of the Administration
and Probate Act 1935; or
(b) it is a vesting, under the
Associations Incorporation Act
1964, of dutiable property in an
incorporated association; or
(c) it is a vesting, under the Strata
Titles Act 1998, of common
property in a body corporate on
the registration of a strata plan
under that Act; or
*No. 15 of 2001
8
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2016
Act No. of
Part 3 - Duties Act 2001 Further Amended s. 9
(d) it is a vesting of dutiable property
under section 28 of the Strata
Titles Act 1998 by virtue of the
cancellation of a strata plan.
9
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2016
Act No. of
s. 10 Part 4 - First Home Owner Grant Act 2000 Amended
PART 4 - FIRST HOME OWNER GRANT ACT 2000
AMENDED
10. Principal Act
In this Part, the First Home Owner Grant Act
2000* is referred to as the Principal Act.
11. Section 13 amended (Eligible transaction)
Section 13(6) of the Principal Act is amended by
inserting "(being, if the moveable building is
purchased after the day on which the amendment
to this subsection made by the Taxation and
Related Legislation (Miscellaneous
Amendments) Act 2016 commences, a new
moveable building)" after "a moveable
building".
12. Section 18 amended (Amount of grant)
Section 18(2) of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (ac):
(ad) if the first home owner grant
relates to an eligible transaction
that satisfies section 18D, the
amount is $20 000; or
*No. 19 of 2000
10
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2016
Act No. of
Part 4 - First Home Owner Grant Act 2000 Amended s. 13
(b) by omitting from paragraph (b)
"section 18A, 18B or 18C" and
substituting "section 18A, 18B, 18C or
18D".
13. Section 18D inserted
After section 18C of the Principal Act, the
following section is inserted in Division 5:
18D. Conditions on increase of grant
(1) In this section -
contract for an off-the-plan purchase,
in relation to a new home, means
a contract for both -
(a) the purchase of land or an interest
in land; and
(b) the construction of a new home
on that land.
(2) An eligible transaction satisfies this
section if -
(a) the commencement date of the
eligible transaction is on or after
1 July 2016 but before
1 July 2017; and
(b) the eligible transaction is
completed in accordance with
section 13(5) within 24 months
11
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2016
Act No. of
s. 13 Part 4 - First Home Owner Grant Act 2000 Amended
after the commencement date of
the eligible transaction.
(3) If satisfied there are good reasons to do
so and if a request by the applicant is
made before a decision on the application
has been varied or reversed under
section 23, the Commissioner may
extend the period referred to in
subsection (2) for the eligible transaction
to be completed even though the period
has expired.
(4) Despite subsection (2), an eligible
transaction does not satisfy this section if
the Commissioner considers that the
eligible transaction replaces a
transaction, entered into before
1 July 2016, that is for the same property
and that is between substantially, or that
benefits substantially, the same parties.
(5) For the avoidance of doubt, a payment of
$20 000 that -
(a) was made in anticipation of Part 4
of the Taxation and Related
Legislation (Miscellaneous
Amendments) Act 2016 receiving
the Royal Assent; and
(b) was made on or after 1 July 2016
but before the Taxation and
Related Legislation
12
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2016
Act No. of
Part 4 - First Home Owner Grant Act 2000 Amended s. 13
(Miscellaneous Amendments) Act
2016 received the Royal Assent -
is taken to be a first home owner grant
payment, for the purposes of this Act,
made in relation to an eligible transaction
to which this section, as amended by that
Act, applies.
13
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2016
Act No. of
s. 14 Part 5 - Land Tax Act 2000 Amended
PART 5 - LAND TAX ACT 2000 AMENDED
14. Principal Act
In this Part, the Land Tax Act 2000* is referred
to as the Principal Act.
15. Section 38 amended (Special rate of land tax)
Section 38(2) of the Principal Act is amended by
omitting paragraph (a) and substituting the
following paragraph:
(a) four-tenths of a cent for every dollar of
so much of the assessed land value of the
land as is above $25 000 and zero cents
for every dollar of so much of the
assessed land value of the land as is
$25 000 or less; or
*No. 74 of 2000
14
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2016
Act No. of
Part 6 - Payroll Tax Act 2008 Amended s. 16
PART 6 - PAYROLL TAX ACT 2008 AMENDED
16. Principal Act
In this Part, the Payroll Tax Act 2008* is
referred to as the Principal Act.
17. Section 32 amended (What is a relevant contract?)
Section 32 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)(c)(iii)
"contractor -" and substituting
"contractor; or";
(b) by omitting from subsection (2)(c)
"unless the Commissioner determines
that the contract or arrangement under
which the services are so supplied was
entered into with an intention either
directly or indirectly of avoiding or
evading the payment of tax by any
person; or";
(c) by omitting paragraph (d) from
subsection (2) and substituting the
following paragraph:
(d) is supplied with services solely
for or ancillary to the conveyance
of goods by means of a vehicle
*No. 16 of 2008
15
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2016
Act No. of
s. 18 Part 6 - Payroll Tax Act 2008 Amended
provided by the person conveying
them.
(d) by inserting the following subsections
after subsection (2):
(2A) Subsection (2) does not apply if
the Commissioner determines
that the contract or arrangement
under which the services are
supplied was entered into with an
intention either directly or
indirectly of avoiding or evading
the payment of tax by any person.
(2B) Subsection (2)(a), (b), (c) or (d)
does not apply to a contract under
which any additional services or
work (of a kind not covered by
the relevant paragraph) are
supplied or performed under the
contract.
18. Section 80 amended (Designated group employers)
Section 80 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)
"exceeded $1 010 000" and substituting
"exceeded $1 250 000";
(b) by omitting from subsection (3)
"exceeded $1 010 000" and substituting
"exceeded $1 250 000".
16
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2016
Act No. of
Part 6 - Payroll Tax Act 2008 Amended s. 19
19. Section 86 amended (Registration)
Section 86(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "$19 423
per week" and substituting "$24 038 per
week";
(b) by omitting from paragraph (b) "$19 423
per week" and substituting "$24 038 per
week".
20. Schedule 2 amended (Tasmania-Specific Provisions)
Schedule 2 to the Principal Act is amended by
inserting after clause 17 in Part 6 the following
clause:
18. Refunds
(1) An application under section 83 for a
refund in relation to a financial year may
not be made more than 5 years after the
most recent of the payments, in relation
to the financial year, to which the refund
applies was made.
(2) All or part of an amount of any refund
payable to an employer under section 83
may be applied by the Commissioner
against any liability of the employer
under a taxation law or another Act of
which the Commissioner has the general
administration.
17
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2016
Act No. of
s. 21 Part 6 - Payroll Tax Act 2008 Amended
21. Schedule 3 amended (Savings, transitional and
other provisions)
Schedule 3 to the Principal Act is amended by
inserting after clause 13 in Part 4 the following
Part:
PART 5 - PROVISIONS CONSEQUENT ON ENACTMENT OF
TAXATION AND RELATED LEGISLATION (MISCELLANEOUS
AMENDMENTS) ACT 2016
14. Application of amendments
(1) An amendment made to section 32 by the
Taxation and Related Legislation
(Miscellaneous Amendments) Act 2016
has effect in respect of any amount,
benefit or payment referred to in
section 35 that is, on or after the date of
commencement of the amendment, paid,
payable, provided, or made, for or in
relation to -
(a) the performance of work; or
(b) the re-supply of goods.
(2) Despite subclause (1), an amendment
made to section 32 by the Taxation and
Related Legislation (Miscellaneous
Amendments) Act 2016 does not apply to
any amount, benefit or payment referred
to in section 35 that is paid, payable,
provided, or made, for or in relation to -
18
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2016
Act No. of
Part 6 - Payroll Tax Act 2008 Amended s. 21
(a) the performance of work before
the date of commencement of the
amendment; or
(b) the re-supply of goods before the
date of commencement of the
amendment.
(3) Clause 18 of Part 6 of Schedule 2 applies
to any payment whether made before or
after the date of commencement of that
clause.
19
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2016
Act No. of
s. 22 Part 7 - Taxation Administration Act 1997 Amended
PART 7 - TAXATION ADMINISTRATION ACT 1997
AMENDED
22. Principal Act
In this Part, the Taxation Administration Act
1997* is referred to as the Principal Act.
23. Section 19 amended (Reassessment)
Section 19(3) of the Principal Act is amended by
omitting "3 years" and substituting "5 years".
24. Section 28 amended (Application for refund)
Section 28 of the Principal Act is amended by
omitting subsection (3) and substituting the
following subsection:
(3) An application in relation to an amount -
(a) is to be in an approved form; and
(b) is to be -
(i) lodged with the
Commissioner within 5
years after the date on
which the amount was
paid; or
(ii) if the amount is one of 2
or more amounts, to
*No. 74 of 1997
20
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2016
Act No. of
Part 7 - Taxation Administration Act 1997 Amended s. 25
which the application
relates, that were
instalments paid under
section 13 of the Land
Tax Act 2000 in the same
financial year and were
not paid under an
arrangement under section
59 of this Act - lodged
with the Commissioner
within 4 years after the
most recent payment in
relation to those amounts
was made.
25. Section 29 amended (Refund)
Section 29 of the Principal Act is amended by
omitting subsection (3) and substituting the
following subsection:
(3) A person who has lodged an application
under section 28 in relation to an amount
is not entitled to a refund of the amount,
or to have the amount applied against any
liability referred to in subsection (1)(b),
unless the application is -
(a) lodged with the Commissioner
within 5 years after the date on
which the amount was paid; or
(b) if the amount is one of 2 or more
amounts, to which the application
relates, that were instalments paid
21
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2016
Act No. of
s. 26 Part 7 - Taxation Administration Act 1997 Amended
under section 13 of the Land Tax
Act 2000 in the same financial
year and were not paid under an
arrangement under section 59 of
this Act - lodged with the
Commissioner within 4 years
after the most recent payment in
relation to those amounts was
made.
26. Section 29A amended (Payment of interest)
Section 29A of the Principal Act is amended by
inserting after subsection (3) the following
subsection:
(4) Despite subsection (1), the
Commissioner may apply, against any
liability of a person under a taxation law,
or another Act of which the
Commissioner has the general
administration, an amount of interest that
the Commissioner would otherwise be
required under that subsection to pay to
the person.
27. Section 59A inserted
After section 59 of the Principal Act, the
following section is inserted in Part 7:
22
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2016
Act No. of
Part 7 - Taxation Administration Act 1997 Amended s. 28
59A. Payment of amount of tax to liquidators, &c.
The Commissioner may, in satisfaction
of a demand by a liquidator, pay to the
liquidator an amount of tax, received by
the Commissioner, that constitutes all or
part of a voidable transaction under the
Corporations Act.
28. Section 94 amended (Refund of amount)
Section 94 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "upheld,
the Commissioner must refund any
amount paid in excess of a requirement
for payment under the relevant taxation
law." and substituting "upheld, the
Commissioner must -";
(b) by inserting the following paragraphs
after subsection (1):
(a) refund any amount paid in excess
of a requirement for payment; or
(b) apply the amount paid in excess
of a requirement for payment
against any liability of the person
under a taxation law, or another
Act of which the Commissioner
has the general administration,
and refund any part of the amount
23
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2016
Act No. of
s. 29 Part 7 - Taxation Administration Act 1997 Amended
paid in excess that is not so
applied.
(c) by omitting from subsection (2) "must
refund any amount paid in the relevant
period in excess of a requirement for
payment under the relevant taxation
law." and substituting "must -";
(d) by inserting the following paragraphs
after subsection (2):
(a) refund any amount paid in the
relevant period in excess of a
requirement for payment; or
(b) apply the amount paid in the
relevant period in excess of a
requirement for payment against
any liability of the person under a
taxation law, or another Act of
which the Commissioner has the
general administration, and
refund any part of the amount
paid in excess that is not so
applied.
(e) by omitting from subsection (3) "3 years"
and substituting "5 years".
29. Section 95 amended (Payment of interest)
Section 95 of the Principal Act is amended by
inserting after subsection (1) the following
subsection:
24
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2016
Act No. of
Part 7 - Taxation Administration Act 1997 Amended s. 30
(1A) Despite subsection (1), the
Commissioner -
(a) may apply so much of any
interest calculated in accordance
with that subsection against any
liability of the relevant person
under a taxation law, or another
Act of which the Commissioner
has the general administration;
and
(b) is not required to pay under that
subsection so much of an amount
of interest as is applied under
paragraph (a).
30. Schedule 1 amended (Savings and transitional)
Schedule 1 to the Principal Act is amended by
inserting after clause 11 the following clause:
12. Refunds where period altered by Taxation
and Related Legislation (Miscellaneous
Amendments) Act 2016
The amendments to sections 28 and 29
made by the Taxation and Related
Legislation (Miscellaneous Amendments)
Act 2016 do not apply in relation to a
payment, or purported payment, under a
taxation law if an application for a refund
was, before the day on which those
provisions were so amended, made under
25
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2016
Act No. of
s. 30 Part 7 - Taxation Administration Act 1997 Amended
section 29 in relation to the payment or
purported payment.
26
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2016
Act No. of
Part 8 - Concluding Provision s. 31
PART 8 - CONCLUDING PROVISION
31. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day after the day on which all of the
provisions of this Act commence.
Government Printer, Tasmania 27