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This is a Bill, not an Act. For current law, see the Acts databases.


State Taxation Acts Further Amendment Bill 2019

                  PARLIAMENT OF VICTORIA

 State Taxation Acts Further Amendment Bill 2019



                       TABLE OF PROVISIONS
Clause                                                                  Page
Part 1--Preliminary                                                         1
  1      Purposes                                                          1
  2      Commencement                                                      2
Part 2--Amendment of Duties Act 2000                                        3
Division 1--Young farmers                                                   3
  3      Definitions for young farmer provisions                           3
  4      Disqualifying interest                                            3
  5      New section 69AC substituted                                      3
  6      Transitional provisions                                           5
Division 2--Insurance duty                                                  5
  7      New sections 184, 185 and 186 substituted                         5
  8      Transitional provision                                            6
Division 3--Livestock duty                                                  6
  9      Registration of approved agents                                   6
Division 4--Consequential amendment                                         7
  10 Special disability trusts                                             7
Part 3--Amendment of Gambling Regulation Act 2003                           8
  11     Victorian racing industry payment                                 8
  12     New section 4.6A.5A inserted                                      8
  13     Section 4.6A.6 substituted                                        8
  14     Consequential amendment of ANZAC Day Act 1958                     9
Part 4--Amendment of Land Tax Act 2005                                     10
Division 1--Vacant residential land tax                                    10
  15     Definitions                                                      10
  16     What is residential land?                                        11
  17     When is residential land vacant?                                 11
  18     Definitions--section 52                                           12
  19     Holiday home exemption                                           12




591080B.I-15/10/2019                    i     BILL LA INTRODUCTION 15/10/2019

 


 

Clause Page 20 Exemption for land occupied for purposes of attending place of business or employment 13 21 Heading to section 88C amended 13 22 Heading to section 88D amended 13 23 Transitional provision 14 Division 2--Primary production land 14 24 New subdivision headings inserted in Division 2 of Part 4 14 25 Section 67 substituted and new sections 67A to 67F inserted 15 26 Further new Subdivision headings inserted in Division 2 of Part 4 22 27 Parcels of land 22 28 Consequential amendment of First Home Owner Grant Act 2000 23 Division 3--Principal place of residence--implied and constructive trusts 23 29 Principal place of residence exemption 23 Part 5--Amendment of Valuation of Land Act 1960 25 30 Notice of valuation 25 Part 6--Repeal of this Act 26 31 Repeal of this Act 26 ═════════════ Endnotes 27 1 General information 27 591080B.I-15/10/2019 ii BILL LA INTRODUCTION 15/10/2019

 


 

PARLIAMENT OF VICTORIA Introduced in the Assembly State Taxation Acts Further Amendment Bill 2019 A Bill for an Act to amend the Duties Act 2000, the Gambling Regulation Act 2003, the Land Tax Act 2005 and the Valuation of Land Act 1960 and for other purposes. The Parliament of Victoria enacts: Part 1--Preliminary 1 Purposes The purposes of this Act are-- (a) to amend the Duties Act 2000 in relation 5 to-- (i) the primary production requirement for the young farmers concession and exemption; and (ii) insurance duty; and 10 (iii) the registration of livestock agents; and 591080B.I-15/10/2019 1 BILL LA INTRODUCTION 15/10/2019

 


 

State Taxation Acts Further Amendment Bill 2019 Part 1--Preliminary (b) to amend the Gambling Regulation Act 2003 in relation to-- (i) payments to the ANZAC Day Proceeds Fund; and 5 (ii) the Victorian racing industry payment; and (c) to amend the Land Tax Act 2005 in relation to-- (i) vacant residential land tax; and 10 (ii) the exemption from land tax for primary production land; and (iii) implied and constructive trusts; and (d) to amend the Valuation of Land Act 1960 in relation to giving notice of valuations. 15 2 Commencement (1) This Act (except Part 3) comes into operation on the day after the day on which it receives the Royal Assent. (2) Part 3 comes into operation on 1 January 2020. 591080B.I-15/10/2019 2 BILL LA INTRODUCTION 15/10/2019

 


 

State Taxation Acts Further Amendment Bill 2019 Part 2--Amendment of Duties Act 2000 Part 2--Amendment of Duties Act 2000 Division 1--Young farmers 3 Definitions for young farmer provisions In section 69AA of the Duties Act 2000-- 5 (a) insert the following definition-- "nominee for a young farmer means a person who holds farmland on trust for a young farmer but has no other active powers in respect of that land;"; 10 (b) for the definition of young farmer substitute-- "young farmer means a natural person (not acting in the capacity of a trustee under a trust) who is engaged in, or 15 intends to engage in, primary production on farmland;"; (c) in the definition of young farmer business entity, in paragraph (a), for "trustee" substitute "nominee". 20 4 Disqualifying interest In section 69AB(b)(i) of the Duties Act 2000, for "trustee" (where twice occurring) substitute "nominee". 5 New section 69AC substituted 25 For section 69AC of the Duties Act 2000 substitute-- "69AC Primary production requirement (1) The concession and exemption under this Division are subject to the requirements in 30 this section (the primary production requirement). 591080B.I-15/10/2019 3 BILL LA INTRODUCTION 15/10/2019

 


 

State Taxation Acts Further Amendment Bill 2019 Part 2--Amendment of Duties Act 2000 (2) If the transferee of the dutiable property is a young farmer or a nominee for a young farmer, by the end of the relevant period the young farmer-- 5 (a) must carry on the business of primary production on the farmland; and (b) must normally be engaged in a substantially full-time capacity in that business. 10 (3) If the transferee of the dutiable property is a company (not acting in the capacity of a trustee under a trust), by the end of the relevant period-- (a) the principal business of the company 15 must be primary production on the farmland; and (b) the young farmer must normally be engaged in a substantially full-time capacity in that business. 20 (4) If the transferee of the dutiable property is a trustee under a trust, by the end of the relevant period-- (a) the principal business of the trust must be primary production on the farmland; 25 and (b) the young farmer must normally be engaged in a substantially full-time capacity in that business. (5) In this section-- 30 relevant period means the period of 5 years from the date the transferee entered the contract for the transfer of the dutiable property.". 591080B.I-15/10/2019 4 BILL LA INTRODUCTION 15/10/2019

 


 

State Taxation Acts Further Amendment Bill 2019 Part 2--Amendment of Duties Act 2000 6 Transitional provisions After clause 55 of Schedule 2 to the Duties Act 2000 insert-- "56 State Taxation Acts Further Amendment 5 Act 2019--young farmers (1) Division 7 of Part 5 of Chapter 2, as in force immediately before the commencement day, continues to apply in respect of a transfer of dutiable property on or after that day if the 10 contract for the transfer was entered into before that day. (2) In this clause-- commencement day means the day on which Division 1 of Part 2 of the State 15 Taxation Acts Further Amendment Act 2019 comes into operation.". Division 2--Insurance duty 7 New sections 184, 185 and 186 substituted For sections 184, 185 and 186 of the Duties 20 Act 2000 substitute-- "184 Who is an insurer? An insurer is a person-- (a) who writes general insurance; and (b) who does so otherwise than as an 25 insurance intermediary. 185 Certain insurers must be registered An insurer must be registered under this Part if the insurer is a person who is-- (a) authorised under the Insurance 30 Act 1973 of the Commonwealth to carry on insurance business; or 591080B.I-15/10/2019 5 BILL LA INTRODUCTION 15/10/2019

 


 

State Taxation Acts Further Amendment Bill 2019 Part 2--Amendment of Duties Act 2000 (b) registered under the Life Insurance Act 1995 of the Commonwealth. Penalty: 100 penalty units. Note 5 Section 130B of the Taxation Administration Act 1997 applies to an offence against this section. 186 Registration The Commissioner must register an insurer who is required to be registered under this 10 Part if the insurer applies in the approved form for registration.". 8 Transitional provision After clause 56 of Schedule 2 to the Duties Act 2000 insert-- 15 "57 State Taxation Acts Further Amendment Act 2019--insurance duty Chapter 8 must be taken to have applied at all times on and after 1 July 2014 as if the amendments made to that Chapter by 20 section 7 of the State Taxation Acts Further Amendment Act 2019 had come into operation on that day. Note 1 July 2014 is the date on which the amendments to 25 Chapter 8 made by the Building a Better Victoria (State Tax and Other Legislation Amendment) Act 2014 came into operation.". Division 3--Livestock duty 9 Registration of approved agents 30 In section 248A(4) of the Duties Act 2000, in the definition of Secretary, for "Department of Environment and Primary Industries" substitute "Department of Jobs, Precincts and Regions". 591080B.I-15/10/2019 6 BILL LA INTRODUCTION 15/10/2019

 


 

State Taxation Acts Further Amendment Bill 2019 Part 2--Amendment of Duties Act 2000 Division 4--Consequential amendment 10 Special disability trusts In section 38A(6) of the Duties Act 2000, in the definition of principal beneficiary, in paragraph 5 (a), for "Act;" substitute "Act; or". 591080B.I-15/10/2019 7 BILL LA INTRODUCTION 15/10/2019

 


 

State Taxation Acts Further Amendment Bill 2019 Part 3--Amendment of Gambling Regulation Act 2003 Part 3--Amendment of Gambling Regulation Act 2003 11 Victorian racing industry payment In section 4.6A.5(1) of the Gambling Regulation 5 Act 2003, for "received as" substitute "paid or payable to be". 12 New section 4.6A.5A inserted After section 4.6A.5 of the Gambling Regulation Act 2003 insert-- 10 "4.6A.5A ANZAC Day Proceeds Fund Before the end of each financial year the Treasurer must pay out of the Consolidated Fund (which is appropriated to the necessary extent) into the ANZAC Day Proceeds Fund 15 established under the ANZAC Day Act 1958 an amount equal to one-thirtieth of the amount of wagering and betting tax paid or payable in respect of the month of April in that financial year.". 20 13 Section 4.6A.6 substituted For section 4.6A.6 of the Gambling Regulation Act 2003 substitute-- "4.6A.6 Hospitals and Charities Fund The following amounts must be paid out of 25 the Consolidated Fund (which is appropriated to the necessary extent) into the Hospitals and Charities Fund-- (a) an amount equal to the amount of wagering and betting tax paid or 30 payable in respect of each month other than April less the Victorian racing industry payment for that month; 591080B.I-15/10/2019 8 BILL LA INTRODUCTION 15/10/2019

 


 

State Taxation Acts Further Amendment Bill 2019 Part 3--Amendment of Gambling Regulation Act 2003 (b) an amount equal to the amount of wagering and betting tax paid or payable in respect of the month of April less-- 5 (i) the Victorian racing industry payment for that month; and (ii) the payment into the ANZAC Day Proceeds Fund under section 4.6A.5A in respect of that 10 month.". 14 Consequential amendment of ANZAC Day Act 1958 In section 4A(2) of the ANZAC Day Act 1958, for "or by the Racing Act 1958" substitute ", the Racing Act 1958 or any other Act". 591080B.I-15/10/2019 9 BILL LA INTRODUCTION 15/10/2019

 


 

State Taxation Acts Further Amendment Bill 2019 Part 4--Amendment of Land Tax Act 2005 Part 4--Amendment of Land Tax Act 2005 Division 1--Vacant residential land tax 15 Definitions In section 3(1) of the Land Tax Act 2005 insert 5 the following definitions-- "principal beneficiary, of a special disability trust-- (a) has the meaning given in section 1209M(1) of the Social Security Act, 10 in the case of a special disability trust within the meaning of section 1209L of that Act; or (b) has the meaning given in section 52ZZZWA(1) of the Veterans' 15 Entitlements Act, in the case of a special disability trust within the meaning of section 52ZZZW of that Act; Social Security Act means the Social Security 20 Act 1991 of the Commonwealth; special disability trust means-- (a) a special disability trust within the meaning of section 1209L of the Social Security Act; or 25 (b) a special disability trust within the meaning of section 52ZZZW of the Veterans' Entitlements Act; vested beneficiary, in relation to land held on trust, means a beneficiary of the trust who-- 30 (a) is a natural person; and 591080B.I-15/10/2019 10 BILL LA INTRODUCTION 15/10/2019

 


 

State Taxation Acts Further Amendment Bill 2019 Part 4--Amendment of Land Tax Act 2005 (b) has a vested beneficial interest in possession in the land or is the principal beneficiary of a special disability trust; Veterans' Entitlements Act means the Veterans' 5 Entitlements Act 1986 of the Commonwealth;". 16 What is residential land? (1) For section 34B(2)(b) of the Land Tax Act 2005 substitute-- 10 "(b) before the commencement of the construction or renovation-- (i) the land was capable of being used solely or primarily for residential purposes; or 15 (ii) there was a residence that was uninhabitable on the land; and". (2) After section 34B(2) of the Land Tax Act 2005 insert-- "(2A) Land is also residential land for the 20 purposes of this Division if-- (a) there is a residence that is uninhabitable on the land; and (b) the land is not land referred to in subsection (2).". 25 17 When is residential land vacant? (1) In section 34C(1) of the Land Tax Act 2005-- (a) after "tax year by" insert "any one or more of the following"; (b) in paragraph (a), for "owner; or" substitute 30 "owner;"; (c) in paragraph (b), for "occupant; or" substitute "occupant;". 591080B.I-15/10/2019 11 BILL LA INTRODUCTION 15/10/2019

 


 

State Taxation Acts Further Amendment Bill 2019 Part 4--Amendment of Land Tax Act 2005 (2) After section 34C(2) of the Land Tax Act 2005 insert-- "(2A) For the purposes of this Division, residential land referred to in section 34B(2A) is vacant 5 in a tax year if, at the end of the year preceding the tax year, the residence has been uninhabitable for 2 years or more.". (3) After section 34C(4) of the Land Tax Act 2005 insert-- 10 "(4A) Despite subsection (2A), residential land referred to in section 34B(2A) is not vacant in a tax year if the Commissioner is satisfied there is an acceptable reason for the residence not having been made habitable.". 15 18 Definitions--section 52 (1) In section 52(1) of the Land Tax Act 2005, the definitions of principal beneficiary, Social Security Act, special disability trust, vested beneficiary and Veterans' Entitlements Act are 20 repealed. (2) In section 52(1) of the Land Tax Act 2005, in paragraph (c) of the definition of trustee, for "liquidator;" substitute "liquidator.". 19 Holiday home exemption 25 (1) In section 88A(1)(a) of the Land Tax Act 2005, after "owner of the land" insert "or a vested beneficiary of a trust to which the land is subject". (2) In section 88A(2)(b) of the Land Tax Act 2005, after "owner's" insert "or vested beneficiary's". 30 (3) After section 88A(3) of the Land Tax Act 2005 insert-- "(4) For the purposes of this section, a reference to the owner of land does not include a reference to-- 591080B.I-15/10/2019 12 BILL LA INTRODUCTION 15/10/2019

 


 

State Taxation Acts Further Amendment Bill 2019 Part 4--Amendment of Land Tax Act 2005 (a) a beneficiary of a trust (including an implied or constructive trust) to which the land is subject; or (b) a unitholder in a unit trust scheme to 5 which the land is subject.". 20 Exemption for land occupied for purposes of attending place of business or employment (1) In section 88B of the Land Tax Act 2005-- (a) after "owner of the land" insert "or a vested 10 beneficiary of a trust to which the land is subject"; (b) in paragraph (b), after "owner's" insert "or vested beneficiary's". (2) At the end of section 88B of the Land Tax 15 Act 2005 insert-- "(2) For the purposes of this section, a reference to the owner of land does not include a reference to-- (a) a beneficiary of a trust (including an 20 implied or constructive trust) to which the land is subject; or (b) a unitholder in a unit trust scheme to which the land is subject.". 21 Heading to section 88C amended 25 In the heading to section 88C of the Land Tax Act 2005, after "during" insert "year preceding". 22 Heading to section 88D amended In the heading to section 88D of the Land Tax 30 Act 2005, after "during" insert "year preceding". 591080B.I-15/10/2019 13 BILL LA INTRODUCTION 15/10/2019

 


 

State Taxation Acts Further Amendment Bill 2019 Part 4--Amendment of Land Tax Act 2005 23 Transitional provision After clause 16 of Schedule 3 to the Land Tax Act 2005 insert-- "17 State Taxation Acts Further Amendment 5 Act 2019 (1) Subclause (2) applies to land that, on 1 January 2020, is residential land referred to in section 34B(2A). (2) For the purposes of section 34C(2A), the 10 residence on the land is taken to have been uninhabitable from 31 December 2019.". Division 2--Primary production land 24 New subdivision headings inserted in Division 2 of Part 4 15 (1) Before section 64 of the Land Tax Act 2005 insert-- "Subdivision 1--Interpretation". (2) After section 64 of the Land Tax Act 2005 insert-- 20 "Subdivision 2--Primary production land outside greater Melbourne". (3) After section 65 of the Land Tax Act 2005 insert-- "Subdivision 3--Primary production 25 land in greater Melbourne but not in an urban zone". 591080B.I-15/10/2019 14 BILL LA INTRODUCTION 15/10/2019

 


 

State Taxation Acts Further Amendment Bill 2019 Part 4--Amendment of Land Tax Act 2005 (4) After section 66 of the Land Tax Act 2005 insert-- "Subdivision 4--Primary production land in an urban zone in greater 5 Melbourne". 25 Section 67 substituted and new sections 67A to 67F inserted For section 67 of the Land Tax Act 2005 substitute-- 10 "67 Exemption of primary production land in an urban zone in greater Melbourne (1) Land is exempt land if the Commissioner determines that-- (a) the land comprises one parcel that is-- 15 (i) wholly or partly in greater Melbourne; and (ii) wholly or partly in an urban zone; and (iii) used solely or primarily for the 20 business of primary production; and (b) the owner of the land meets the requirements in-- (i) if the owner is a natural person not 25 acting in the capacity as trustee of a trust to which the land is subject--section 67A; or (ii) if the owner is a proprietary company not acting in the 30 capacity as trustee of a trust to which the land is subject-- section 67B; or 591080B.I-15/10/2019 15 BILL LA INTRODUCTION 15/10/2019

 


 

State Taxation Acts Further Amendment Bill 2019 Part 4--Amendment of Land Tax Act 2005 (iii) if the owner is a trustee of a superannuation trust to which the land is subject--section 67C; or (iv) if the owner is a trustee of a 5 discretionary trust to which the land is subject--section 67D; or (v) if the owner is a trustee of a trust (other than a discretionary trust or superannuation trust) to which the 10 land is subject or a unit trust scheme to which the land is subject--section 67E. (2) For the purposes of this section, a reference to the owner of land does not include a 15 reference to-- (a) a beneficiary of a trust (including an implied or constructive trust) to which the land is subject; or (b) a unitholder in a unit trust scheme to 20 which the land is subject. 67A Requirements for non-trustee natural person For the purposes of section 67(1)(b)(i), the requirements for an owner who is a natural 25 person (not acting in the capacity as trustee of a trust to which the land is subject) are that-- (a) the owner-- (i) carries on the business of primary 30 production referred to in section 67(1)(a)(iii); and 591080B.I-15/10/2019 16 BILL LA INTRODUCTION 15/10/2019

 


 

State Taxation Acts Further Amendment Bill 2019 Part 4--Amendment of Land Tax Act 2005 (ii) either-- (A) is normally engaged in a substantially full-time capacity in that business; or 5 (B) is not normally engaged in a substantially full-time capacity in that business, but has a relative who is normally so engaged; or 10 (b) a relative of the owner-- (i) carries on the business of primary production referred to in section 67(1)(a)(iii); and (ii) either-- 15 (A) is normally engaged in a substantially full-time capacity in that business; or (B) is not normally engaged in a substantially full-time 20 capacity in that business, but the owner is normally so engaged. 67B Requirements for non-trustee proprietary company 25 (1) For the purposes of section 67(1)(b)(ii), the requirements for an owner that is a proprietary company (not acting in the capacity as trustee of a trust to which the land is subject) are that-- 30 (a) the company carries on the business of primary production referred to in section 67(1)(a)(iii); and (b) the principal business of the company is that business; and 591080B.I-15/10/2019 17 BILL LA INTRODUCTION 15/10/2019

 


 

State Taxation Acts Further Amendment Bill 2019 Part 4--Amendment of Land Tax Act 2005 (c) all the company's shares are beneficially owned by natural persons; and (d) the company meets the requirements in 5 subsection (2) in relation to the distribution of dividends. (2) For the purposes of subsection (1)(d), the requirements are that-- (a) if the company distributes dividends 10 during the relevant period-- (i) the dividends were distributed to all the holders of the issued share capital of the company in proportion to their respective paid 15 up shareholdings; and (ii) 50% or more of the dividends were paid to a person or persons-- (A) normally engaged in a substantially full-time 20 capacity in the business of primary production referred to in section 67(1)(a)(iii); or (B) whose relative or relatives were normally engaged in a 25 substantially full-time capacity in the business of primary production referred to in section 67(1)(a)(iii); or (b) if no dividends were distributed during 30 the relevant period, ordinary shares representing 50% or more of the issued share capital of the company have been beneficially owned for the relevant period by a person or persons-- 591080B.I-15/10/2019 18 BILL LA INTRODUCTION 15/10/2019

 


 

State Taxation Acts Further Amendment Bill 2019 Part 4--Amendment of Land Tax Act 2005 (i) normally engaged in a substantially full-time capacity in the business of primary production referred to in 5 section 67(1)(a)(iii); or (ii) whose relative or relatives were normally engaged in a substantially full-time capacity in the business of primary 10 production referred to in section 67(1)(a)(iii). (3) For the purposes of subsection (2), a reference to the issued share capital of a company does not include a reference to any 15 part of it that carries no right to participate beyond a specified amount in a distribution of either profits or capital. 67C Requirements for trustee of superannuation trust 20 For the purposes of section 67(1)(b)(iii), the requirements for an owner who is a trustee of a superannuation trust to which the land is subject are that-- (a) all the members or beneficiaries (as the 25 case requires) of the trust are relatives; and (b) at least one member or beneficiary (as the case requires) of the trust is normally engaged in a substantially 30 full-time capacity in the business of primary production referred to in section 67(1)(a)(iii). 591080B.I-15/10/2019 19 BILL LA INTRODUCTION 15/10/2019

 


 

State Taxation Acts Further Amendment Bill 2019 Part 4--Amendment of Land Tax Act 2005 67D Requirements for trustee of discretionary trust (1) For the purposes of section 67(1)(b)(iv), the requirements for an owner who is a trustee of 5 a discretionary trust to which the land is subject are that-- (a) the trustee carries on the business of primary production referred to in section 67(1)(a)(iii); and 10 (b) the principal business of the trust is that business; and (c) either-- (i) each specified beneficiary is a natural person; or 15 (ii) at least one of the specified beneficiaries is a natural person and each of the specified beneficiaries who is not a natural person is a person referred to in 20 subsection (2); and (d) either-- (i) at least one of the specified beneficiaries is a natural person who is normally engaged in a 25 substantially full-time capacity in the business of primary production referred to in section 67(1)(a)(iii); or (ii) a relative of at least one of the 30 specified beneficiaries is normally engaged in a substantially full-time capacity in the business of primary production referred to in section 67(1)(a)(iii). 591080B.I-15/10/2019 20 BILL LA INTRODUCTION 15/10/2019

 


 

State Taxation Acts Further Amendment Bill 2019 Part 4--Amendment of Land Tax Act 2005 (2) For the purposes of subsection (1)(c)(ii), the persons are-- (a) a charitable institution or a trustee of a charitable trust; or 5 (b) a company all the shares in which are owned by one or more of the specified beneficiaries who are natural persons; or (c) a trustee of a trust (except a charitable 10 trust), all the beneficiaries or specified beneficiaries of which are specified beneficiaries of the discretionary trust who are natural persons. 67E Requirements for trustee of a trust 15 (other than a discretionary trust or superannuation trust) or unit trust scheme For the purposes of section 67(1)(b)(v), the requirements for an owner who is the trustee 20 of a trust (other than a discretionary trust or superannuation trust) to which the land is subject or a unit trust scheme to which the land is subject are that-- (a) the trustee carries on the business of 25 primary production referred to in section 67(1)(a)(iii); and (b) the principal business of the trust or unit trust scheme is that business; and (c) each beneficiary of the trust or 30 unitholder (as the case requires) is a natural person who is entitled under the trust deed to an annual distribution of the trust income; and 591080B.I-15/10/2019 21 BILL LA INTRODUCTION 15/10/2019

 


 

State Taxation Acts Further Amendment Bill 2019 Part 4--Amendment of Land Tax Act 2005 (d) at least one of the beneficiaries of the trust or unitholders (as the case requires), or a relative of at least one of the beneficiaries or unitholders, is 5 normally engaged in a substantially full-time capacity in that business. 67F Joint ownership of parcel of land referred to in section 67(1)(a) If a parcel of land referred to in section 10 67(1)(a) is owned by joint owners, each joint owner must meet relevant requirements for that type of owner in sections 67A, 67B, 67C, 67D or 67E.". 26 Further new Subdivision headings inserted in 15 Division 2 of Part 4 (1) Before section 68 of the Land Tax Act 2005 insert-- "Subdivision 5--Land being prepared for use for primary production". 20 (2) After section 68 of the Land Tax Act 2005 insert-- "Subdivision 6--General". 27 Parcels of land For section 70(2)(b) of the Land Tax Act 2005 25 substitute-- "(b) the owner of the parcel of land meets the requirements in section 67A, 67B, 67C, 67D or 67E.". 591080B.I-15/10/2019 22 BILL LA INTRODUCTION 15/10/2019

 


 

State Taxation Acts Further Amendment Bill 2019 Part 4--Amendment of Land Tax Act 2005 28 Consequential amendment of First Home Owner Grant Act 2000 In section 13(10) of the First Home Owner Grant Act 2000-- 5 (a) in paragraph (a)(i), for "the owner of the land within the meaning of section 67(2)(a) (as affected by that section)" substitute "an owner of the land (not acting in the capacity as trustee of a trust to which the 10 land is subject) who meets the requirements in section 67A"; (b) in paragraph (a)(ii), for "described in section 67(2)(b) (as affected by that section)" substitute "(not acting in the capacity as 15 trustee of a trust to which the land is subject) that meets the requirements in section 67B". Division 3--Principal place of residence-- implied and constructive trusts 29 Principal place of residence exemption 20 (1) In section 54(1)(a) of the Land Tax Act 2005, after "natural person" insert "(who is not a person specified in subsection (4A))". (2) After section 54(4) of the Land Tax Act 2005 insert-- 25 "(4A) For the purposes of subsection (1)(a), the following persons are specified-- (a) a trustee of a trust (including an implied or constructive trust) to which the land is subject; 591080B.I-15/10/2019 23 BILL LA INTRODUCTION 15/10/2019

 


 

State Taxation Acts Further Amendment Bill 2019 Part 4--Amendment of Land Tax Act 2005 (b) a beneficiary of a trust (including an implied or constructive trust) to which the land is subject; (c) a unitholder in a unit trust scheme to 5 which the land is subject.". 591080B.I-15/10/2019 24 BILL LA INTRODUCTION 15/10/2019

 


 

State Taxation Acts Further Amendment Bill 2019 Part 5--Amendment of Valuation of Land Act 1960 Part 5--Amendment of Valuation of Land Act 1960 30 Notice of valuation For section 15(4) of the Valuation of Land 5 Act 1960 substitute-- "(4) A notice of valuation must be given on or before 30 September in the year in which the valuation is made.". 591080B.I-15/10/2019 25 BILL LA INTRODUCTION 15/10/2019

 


 

State Taxation Acts Further Amendment Bill 2019 Part 6--Repeal of this Act Part 6--Repeal of this Act 31 Repeal of this Act This Act is repealed on 1 January 2021. Note 5 The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═════════════ 591080B.I-15/10/2019 26 BILL LA INTRODUCTION 15/10/2019

 


 

State Taxation Acts Further Amendment Bill 2019 Endnotes Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. By Authority. Government Printer for the State of Victoria. 591080B.I-15/10/2019 27 BILL LA INTRODUCTION 15/10/2019

 


 

 


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