{"id":"nsw:act-1956-026","name":"Land Tax Management Act 1956","slug":"land-tax-management-act-1956","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"26 of 1956","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":111238,"registerId":"nsw-act-1956-026-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> > (1) This Act may be cited as the [Land Tax Management Act 1956](/view/html/inforce/current/act-1956-026).\n> \n> > (2) (Repealed)\n> \n> **s 1:** Am 1981 No 119, Sch 1; 1988 No 128, Sch 1 (1).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Construction","content":"#### 2 Construction\n\n2 Construction\n\n> This Act shall be read and construed subject to the [Commonwealth of Australia Constitution Act](http://www.legislation.gov.au/), and so as not to exceed the legislative power of the State to the intent that where any provision of this Act, or the application thereof to any person or circumstance is held invalid, the remainder of this Act, and the application of such provision to other persons or circumstances shall not be affected.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act, unless the context or subject-matter otherwise indicates or requires—\n> > \n> > Act includes regulations.\n> > \n> > Agent includes every person who in the State, for or on behalf of any person out of the State (in this definition termed “the principal”) has the control or disposal of any land belonging to the principal, or the control, receipt, or disposal of any rents, issues, or proceeds derived from any such land.\n> > \n> > assessment means an assessment or reassessment by the Chief Commissioner under Part 3 of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097).\n> > \n> > asset, of a sub-fund of a CCIV, has the same meaning as in the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth, section 1233H.\n> > \n> > CCIV means a corporate collective investment vehicle within the meaning of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > Chief Commissioner means the Chief Commissioner of State Revenue referred to in section 60 of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097).\n> > \n> > Company includes all bodies or associations corporate or unincorporate.\n> > \n> > concessional trust has the meaning given by section 3B.\n> > \n> > Crown includes a statutory body representing the Crown.\n> > \n> > flat means a room or a suite of rooms (whether or not forming part of a building or a detached building)—\n> > \n> > > (a) used or occupied as a separate dwelling, or\n> > \n> > > (b) so constructed, designed or adapted as to be capable of being used or occupied as a separate dwelling.\n> > \n> > joint organisation has the same meaning as in the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> > \n> > Joint owners means persons who own land jointly or in common, whether as partners or otherwise, and includes persons who have a life or greater interest in shares of the income from the land and persons who by virtue of this Act are deemed to be joint owners.\n> > \n> > lease includes an agreement to lease.\n> > \n> > liabilities, in relation to a sub-fund of a CCIV, has the same meaning as in the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth, section 1233L.\n> > \n> > member, in relation to a sub-fund of a CCIV, has the same meaning as in the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth, section 1222Q(3).\n> > \n> > Mortgage includes any charge whatever upon land, or interest therein, howsoever created, for the securing of money.\n> > \n> > Mortgagee includes every person entitled at law or in equity to a mortgage or any part thereof.\n> > \n> > Owned and similar expressions have a meaning corresponding with that of owner.\n> > \n> > Owner includes—\n> > \n> > > (a) in relation to land, every person who jointly or severally, whether at law or in equity—\n> > > \n> > > > (i) is entitled to the land for any estate of freehold in possession, or\n> > > \n> > > > (ii) is entitled to receive, or is in receipt of, or if the land were let to a tenant would be entitled to receive, the rents and profits thereof, whether as beneficial owner, trustee, mortgagee in possession, or otherwise,\n> > \n> > > (b) (Repealed)\n> > \n> > > (c) in relation to any leasehold estate in land, whether legal or equitable (other than under any lease to which section 21C or 21D applies), a person, or a person who is a member of a class or description of persons, prescribed for the purposes of this paragraph, and\n> > \n> > > (d) a person who, by virtue of this Act, is deemed to be the owner.\n> > \n> > Person includes a company.\n> > \n> > Planning instrument means an environmental planning instrument, within the meaning of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), and includes a deemed environmental planning instrument within the meaning of that Act.\n> > \n> > Prescribed means prescribed by this Act or by the regulations thereunder.\n> > \n> > principal place of residence of a person means the one place of residence that is, among the one or more places of residence of the person within and outside Australia, the principal place of residence of the person.\n> > \n> > Public authority means a person or body declared by the regulations to be a public authority for the purposes of this Act.\n> > \n> > record means—\n> > \n> > > (a) a documentary record, or\n> > \n> > > (b) a record made by an electronic, electromagnetic, photographic or optical process, or\n> > \n> > > (c) any other kind of record.\n> > \n> > referable, in relation to a sub-fund and a share in a CCIV, has the same meaning as in the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth, section 1230(1).\n> > \n> > Register means the Register of Land Values kept under section 14CC of the [Valuation of Land Act 1916](/view/html/inforce/current/act-1916-002).\n> > \n> > Regulations means regulations made under this Act.\n> > \n> > Residential unit means a flat that—\n> > \n> > > (a) forms part of a building comprising two or more flats, and\n> > \n> > > (b) is used and occupied as a principal place of residence, and for no other purpose, by a person who is a joint owner (otherwise than as a trustee) of the parcel of land on which the building is erected and who has entered into an arrangement with the other joint owners of that land under which the person has the exclusive right to occupy that flat (whether jointly with one or more of the co-owners or not).\n> > \n> > special trust has the meaning given by section 3A.\n> > \n> > sub-fund, of a CCIV, has the same meaning as in the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth, section 1222Q(1).\n> > \n> > Tax year or Land tax year means a period of 12 months starting on 1 January for which land tax is leviable and payable.\n> > \n> > Taxpayer means any person chargeable with land tax.\n> > \n> > Trustee, in addition to every person appointed or constituted trustee by act of parties by order or declaration of a court or by operation of law, includes—\n> > \n> > > (a) an executor or administrator, guardian, committee, receiver, or liquidator, and\n> > \n> > > (b) every person having or taking upon himself or herself the administration or control of land affected by any express or implied trust, or acting in any fiduciary capacity, or having the possession, control or management of the land of a person under any legal or other disability.\n> > \n> > Trustee company means a trustee company within the meaning of the [Trustee Companies Act 1964](/view/html/inforce/current/act-1964-006) or the NSW Trustee and Guardian.\n> > \n> > unit trust means a trust in respect of which the beneficiaries of the trust are owners of units in the trust and each unit holder, or each unit holder of a particular class—\n> > \n> > > (a) is entitled, as a beneficiary of the trust, to participate in any income or capital distributions (or both) of the trust, and\n> > \n> > > (b) the amount or proportion of any income or capital distribution to which the unit holder is entitled is based on the number or class of units owned by the person (or both).\n> > \n> > Note.\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) For the purposes of the definition of Residential unit in subsection (1) a flat used and occupied as the person’s principal place of residence by a person referred to in the definition does not cease to be used and occupied by that person as the person’s principal place of residence and for no other purpose by reason of the occupation under lease or licence for residential purposes of not more than one room in the flat.\n> \n> > (2A) (Repealed)\n> \n> > (3) For the purposes of the definition of flat in subsection (1), a building, or part of a building, used and occupied for residential purposes does not cease to be considered to be used and occupied as a separate dwelling merely because the building, or part of the building, is used for the purpose of another residential occupancy, if that residential occupancy may be disregarded for the purposes of the principal place of residence exemption under Schedule 1A.\n> \n> > (4) Notes included in this Act do not form part of this Act.\n> \n> > (5) (Repealed)\n> \n> **s 3:** Am 1969 No 69, sec 2 (a); 1973 No 70, sec 5 (a); 1975 No 97, Sch 2; 1981 No 119, Sch 1; 1983 No 14, Sch 1 (1); 1983 No 171, Sch 1 (1); 1985 No 147, Sch 1 (1); 1985 No 215, Sch 1 (1); 1985 No 223, Sch 1 (1); 1986 No 205, Sch 2; 1987 No 88, Sch 1 (1); 1988 No 128, Sch 1 (2); 1989 No 135, Sch 1; 1989 No 222, Sch 1 (1); 1990 No 35, Sch 1 (1); 1990 No 88, Sch 1 (1)–(3); 1990 No 112, Sch 2; 1991 No 47, Sch 1 (13) (17); 1992 No 84, Sch 1 (1); 1994 No 48, Sch 5 (5); 1995 No 11, Sch 1.71 \\[1\\]; 1996 No 98, Sch 1.3 \\[1\\] \\[2\\]; 1996 No 125, Sch 4.2 \\[1\\]; 1997 No 41, Sch 2 \\[1\\] \\[2\\]; 1997 No 109, Sch 1.3; 1998 No 54, Sch 2.21; 1998 No 79, Sch 2.3 \\[1\\]; 1999 No 52, Sch 2.1 \\[1\\]; 2000 No 105, Sch 3 \\[1\\]; 2000 No 106, Sch 3 \\[1\\]; 2002 No 108, Sch 2.2 \\[1\\]–\\[4\\]; 2003 No 80, Sch 4 \\[1\\]; 2004 No 33, Schs 2.2 \\[1\\]–\\[3\\], 3.2 \\[1\\]; 2005 No 111, Sch 4 \\[1\\]; 2008 No 67, Sch 4 \\[1\\]–\\[4\\]; 2009 No 49, Sch 2.33; 2014 No 19, Sch 2 \\[1\\]; 2017 No 11, Sch 2 \\[1\\]; 2017 No 65, Sch 2.17 \\[1\\]; 2024 No 90, Sch 4\\[1\\].","sortOrder":3},{"sectionNumber":"3A","sectionType":"section","heading":"Special trust—meaning","content":"#### 3A Special trust—meaning\n\n3A Special trust—meaning\n\n> > (1) For the purposes of this Act, a trust is a special trust if—\n> > \n> > > (a) the trust property includes land, and\n> > \n> > > (b) the trustee of the trust is the owner of the legal estate in the land, and\n> > \n> > > (c) the trust is not a fixed trust.\n> \n> > (2) For the purposes of this section, a trust is a fixed trust if the equitable estate in all of the land that is the subject of the trust is owned by a person or persons who are owners of the land for land tax purposes (disregarding section 25 (3)).\n> \n> > (3) For the purpose of determining whether a trust is a fixed trust under this section, any equitable interest of the trustee as trustee of the trust is to be disregarded.\n> \n> > (3A) If a trust satisfies the relevant criteria, the persons who are beneficiaries of the trust under the trust deed are taken to be owners of an equitable estate in the land that is the subject of the trust and, accordingly, the trust is taken to be a fixed trust.\n> > \n> > Note.\n> > \n> > Under section 25, owners of an equitable estate or interest in land are liable in respect of land tax as if they were legal owners of the land. Owners of an equitable estate in land are treated as secondary taxpayers.\n> \n> > (3B) For the purposes of this section, the relevant criteria are as follows—\n> > \n> > > (a) the trust deed specifically provides that the beneficiaries of the trust—\n> > > \n> > > > (i) are presently entitled to the income of the trust, subject only to payment of proper expenses by and of the trustee relating to the administration of the trust, and\n> > > \n> > > > (ii) are presently entitled to the capital of the trust, and may require the trustee to wind up the trust and distribute the trust property or the net proceeds of the trust property,\n> > \n> > > (b) the entitlements referred to in paragraph (a) cannot be removed, restricted or otherwise affected by the exercise of any discretion, or by a failure to exercise any discretion, conferred on a person by the trust deed,\n> > \n> > > (c) if the trust is a unit trust—\n> > > \n> > > > (i) there must be only one class of units issued, and\n> > > \n> > > > (ii) the proportion of trust capital to which a unit holder is entitled on a winding up or surrender of units must be fixed and must be the same as the proportion of income of the trust to which the unit holder is entitled.\n> \n> > (4) A trust is not a special trust—\n> > \n> > > (a) if the trust is solely a charitable trust, or\n> > \n> > > (b) if clause 9 of Schedule 1A applies in respect of the land that is the subject of the trust, or\n> > \n> > > (c) if the trust is a concessional trust, or\n> > \n> > > (d) in relation to any land tax year in which it is a superannuation trust, or\n> > \n> > > (e) if the trust is established by will, but only during the period ending on the expiration of 2 years after the date of death of the testator, or\n> > \n> > > (f) in relation to any land tax year in which it is a family unit trust, as provided by Schedule 1AA.\n> \n> > (5) For the purposes of this section, a trust is a superannuation trust in relation to a land tax year if—\n> > \n> > > (a) the trust was established on or before 30 June in the year before that land tax year and, in relation to the year of income ending in that year, the trust is—\n> > > \n> > > > (i) a complying superannuation fund (within the meaning of section 42 or 42A of the Commonwealth Act), or\n> > > \n> > > > (ii) a complying approved deposit fund (within the meaning of section 43 of the Commonwealth Act), or\n> > > \n> > > > (iii) a pooled superannuation trust (within the meaning of section 44 of the Commonwealth Act), or\n> > \n> > > (b) the trust was established after 30 June in the year before that land tax year and, as at midnight on 31 December in that year, the trust is—\n> > > \n> > > > (i) a regulated superannuation fund (within the meaning of the Commonwealth Act) or is taken to be a regulated superannuation fund under that Act, or\n> > > \n> > > > (ii) an approved deposit fund (within the meaning of the Commonwealth Act), or\n> > > \n> > > > (iii) a pooled superannuation trust (within the meaning of the Commonwealth Act).\n> \n> > (6) Despite anything to the contrary in this section, a trust is taken to be a special trust in relation to a land tax year if the trust is classified as a special trust in respect of that land tax year under section 25A, and the classification has effect in respect of that land tax year.\n> \n> > (7) In this section—\n> > \n> > Commonwealth Act means the [Superannuation Industry (Supervision) Act 1993](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> **s 3A:** Ins 1997 No 41, Sch 2 \\[3\\]. Subst 2002 No 108, Sch 2.2 \\[5\\]. Am 2003 No 80, Sch 4 \\[2\\]; 2005 No 111, Sch 4 \\[2\\]; 2006 No 87, Sch 2 \\[1\\]–\\[3\\]; 2010 No 118, Sch 3 \\[1\\]; 2012 No 20, Sch 2 \\[1\\]; 2014 No 19, Sch 2 \\[2\\].","sortOrder":4},{"sectionNumber":"3B","sectionType":"section","heading":"Concessional trust—meaning","content":"#### 3B Concessional trust—meaning\n\n3B Concessional trust—meaning\n\n> > (1) For the purposes of this Act, a trust is a concessional trust if—\n> > \n> > > (a) the trust property includes land, and\n> > \n> > > (b) each person who is a beneficiary of the trust is—\n> > > \n> > > > (i) a person under the age of 18 years, or\n> > > \n> > > > (ii) a person in respect of whom a guardianship order is in force under the [Guardianship Act 1987](/view/html/inforce/current/act-1987-257), or\n> > > \n> > > > (iii) a person in the relevant group within the meaning of the [Coroners Act 2009](/view/html/inforce/current/act-2009-041).\n> \n> > (2) For the purposes of this section, a person is a beneficiary of a trust if the person is a person, or a member of a class of persons—\n> > \n> > > (a) in whose favour, by the terms of the trust, capital or income the subject of the trust may be applied—\n> > > \n> > > > (i) in the event of the exercise of a power or discretion in favour of the person, or\n> > > \n> > > > (ii) in the event that a discretion conferred under the trust is not exercised, or\n> > \n> > > (b) entitled or permitted, under the terms of the trust, to use and occupy land that is the subject of the trust.\n> \n> > (3) For the purposes of this Act—\n> > \n> > > (a) a special disability trust (within the meaning of section 1209L of the [Social Security Act 1991](http://www.legislation.gov.au/) of the Commonwealth or section 52ZZZW of the [Veterans’ Entitlements Act 1986](http://www.legislation.gov.au/) of the Commonwealth) is taken to be a concessional trust, and\n> > \n> > > (b) the principal beneficiary of the special disability trust, as referred to in section 1209M of the [Social Security Act 1991](http://www.legislation.gov.au/) of the Commonwealth or section 52ZZZWA of the [Veterans’ Entitlements Act 1986](http://www.legislation.gov.au/) of the Commonwealth, is taken to be a beneficiary of the trust.\n> \n> **s 3B:** Ins 2002 No 108, Sch 2.2 \\[5\\]. Am 2010 No 46, Sch 6 \\[1\\]; 2012 No 20, Sch 2 \\[2\\] \\[3\\]; 2014 No 41, Sch 5.6; 2022 No 35, Sch 2.6.","sortOrder":5},{"sectionNumber":"3C","sectionType":"section","heading":"Application of Act to corporate collective investment vehicles","content":"#### 3C Application of Act to corporate collective investment vehicles\n\n3C Application of Act to corporate collective investment vehicles\n\n> > (1) For this Act, each sub-fund of a CCIV is taken to be a unit trust of which—\n> > \n> > > (a) the CCIV is the trustee, and\n> > \n> > > (b) the business, assets and liabilities of the sub-fund are the trust property, and\n> > \n> > > (c) the members of the sub-fund are the beneficiaries.\n> \n> > (2) For a sub-fund that is taken to be a unit trust—\n> > \n> > > (a) a share in the CCIV that is referable to the sub-fund is taken to be a unit in the unit trust, and\n> > \n> > > (b) a shareholder of the share, as a member of the sub-fund, is taken to be a unit holder of the unit in the unit trust, and\n> > \n> > > (c) the rights, entitlements, obligations and other characteristics attaching to the share are taken, as far as practicable, to be the same rights, entitlements, obligations and other characteristics attaching to the unit.\n> \n> > (3) For this Act, a CCIV is taken to be a separate person in relation to each unit trust of which it is the trustee under subsection (1).\n> \n> > (4) This Act does not apply to a CCIV or the members of a sub-fund of a CCIV except as provided for by this section.\n> \n> > (5) Despite another provision of this Act, a sub-fund of a CCIV, taken to be a unit trust under this section, is taken to be a special trust.\n> \n> **s 3C:** Ins 2024 No 90, Sch 4\\[2\\].","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"Administration","content":"# Part 2 Administration\n\nPart 2 Administration","sortOrder":7},{"sectionNumber":"4","sectionType":"section","heading":"Taxation Administration Act 1996","content":"#### 4 Taxation Administration Act 1996\n\n4 [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097)\n\n> This Act is to be read together with the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097) which makes provision for the administration and enforcement of this Act and other taxation laws.\n> \n> **s 4:** Subst 1983 No 14, Sch 1 (2). Am 1985 No 223, Sch 1 (2); 1987 No 88, Sch 1 (2); 1994 No 48, Sch 5 (13). Subst 1996 No 98, Sch 1.3 \\[3\\].","sortOrder":8},{"sectionNumber":"4A","sectionType":"section","heading":null,"content":"#### 4A\n\n4A–6 (Repealed)","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Land tax","content":"# Part 3 Land tax\n\nPart 3 Land tax","sortOrder":11},{"sectionNumber":"7","sectionType":"section","heading":"Land tax on taxable value of land","content":"#### 7 Land tax on taxable value of land\n\n7 Land tax on taxable value of land\n\n> Land tax at such rates as may be fixed by any Act is to be levied and paid on the taxable value of all land situated in New South Wales which is owned by taxpayers (other than land which is exempt from taxation under this Act).\n> \n> **s 7:** Am 1981 No 119, Sch 1; 1985 No 147, Sch 1 (2). Subst 1992 No 84, Sch 1 (2); 2006 No 50, Sch 3 \\[1\\].","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":"Date of ownership for purposes of land tax","content":"#### 8 Date of ownership for purposes of land tax\n\n8 Date of ownership for purposes of land tax\n\n> Land tax shall be charged on land as owned at midnight on the thirty-first day of December immediately preceding the year for which the land tax is levied.\n> \n> In this section year means the period of twelve months commencing on the first day of January.\n> \n> **s 8:** Am 1973 No 70, sec 3 (a).","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"Taxable value","content":"#### 9 Taxable value\n\n9 Taxable value\n\n> > (1) Land tax is payable by the owner of land on the taxable value of all the land owned by that owner which is not exempt from taxation under this Act.\n> \n> > (2) The taxable value of that land is the total sum of the average value of each parcel of that land.\n> \n> > (3) The average value of a parcel of land is to be calculated, as provided for by section 9AA, on the basis of the land value of the land.\n> \n> > (4) The land value of land, in relation to a land tax year, is the value entered in the Register as the land value of the land as at 1 July in the previous year.\n> \n> > (5) The fact that there is no land value entered in the Register on 31 December in a year as the land value of the land as at 1 July in that year does not prevent land tax being levied and charged and becoming payable for any following tax year once that land value is entered in the Register and the average value is ascertained.\n> \n> **s 9:** Am 1960 No 35, sec 2 (1) (a); 1961 No 32, sec 2; 1963 No 40, sec 2 (a); 1964 No 40, sec 2; 1965 No 33, First Sch (am GG No 120 of 4.11.1966, p 4516 (as on and from 14.2.1966)); 1967 No 59, sec 2 (1); 1968 No 62, sec 2 (b); 1969 No 69, sec 2 (b); 1970 No 64, sec 2 (a); 1971 No 48, sec 2 (a); 1972 No 75, sec 3; 1973 No 70, sec 4; 1975 No 97, Sch 3 (1); 1981 No 119, Sch 1; 1983 No 14, Sch 1 (5); 1983 No 171, Sch 1 (2); 1984 No 129, Sch 1 (1); 1985 No 147, Sch 1 (2); 1988 No 128, Sch 1 (3). Subst 1992 No 84, Sch 1 (3). Am 1997 No 37, Sch 3 \\[1\\]; 1998 No 79, Sch 2.3 \\[2\\]; 2000 No 106, Sch 3 \\[2\\]; 2006 No 50, Sch 3 \\[2\\].","sortOrder":14},{"sectionNumber":"9AA","sectionType":"section","heading":"Average value of land","content":"#### 9AA Average value of land\n\n9AA Average value of land\n\n> > (1) For the purposes of this Act, the average value of a parcel of land is the average of the land value of the land in relation to the year for which the average value is being ascertained (the current land tax year) and the land value of the land in relation to the 2 preceding land tax years (the preceding land tax years).\n> \n> > (2) If a land value adjustment is required in relation to a parcel in the current land tax year, the average value is to be determined before that land value adjustment is made (that is, on the basis of the land value without that land value adjustment) and, despite any other provision of this Act, the [Valuation of Land Act 1916](/view/html/inforce/current/act-1916-002) or the [Heritage Act 1977](/view/html/inforce/current/act-1977-136), the land value adjustment is to be applied, for the purpose of assessing land tax, to the average value of the land for that land tax year (and not the land value).\n> \n> > (3) For the purposes of this section, a land value adjustment is—\n> > \n> > > (a) a land value reduction, being any reduction that is required to be made to the land value of land under this Act for the purpose of assessing land tax, or\n> > \n> > > (b) (Repealed)\n> > \n> > > (c) a special allowance, being any allowance made in respect of the land value of land under Division 3 or 4 of Part 1B of the [Valuation of Land Act 1916](/view/html/inforce/current/act-1916-002).\n> \n> > (4) In the case of a land value reduction, the land value adjustment is to be applied to the average value of land by applying any provision of this Act that specifies that the land value is to be reduced for the purpose of assessing land tax as if a reference to the land value of land were a reference to the average value of land.\n> > \n> > Note.\n> > \n> > For example, the reductions provided for by sections 9A, 9BA, 9C, 9D, 9E, 10 (2), (2A) and (2C), 10Q (4) and 10R (3) will now apply to the average value of the land in a land tax year and not to the land value of the land.\n> \n> > (5) (Repealed)\n> \n> > (6) In the case of a special allowance, the land value adjustment is to be applied to the average value of the land by deducting the allowance from the average value.\n> \n> > (7) If a parcel of land did not exist on 31 December immediately before either or both of the preceding land tax years, the average value of the land is taken to be—\n> > \n> > > (a) if the parcel did exist on 31 December immediately before one of the preceding land tax years—the average of the land value of the land in relation to the current land tax year and the land value of the land in relation to the preceding land tax year immediately before which it did exist, or\n> > \n> > > (b) in any other case—the land value of the land in relation to the current land tax year.\n> \n> > (8) Subsection (2) applies in relation to an average value determined as provided for by subsection (7) in the same way as it applies to an average value determined as provided for by subsection (1).\n> > \n> > Note.\n> > \n> > For example, if the newly created parcel qualifies for an allowance for subdivision under Division 4 of Part 1B of the [Valuation of Land Act 1916](/view/html/inforce/current/act-1916-002) in the current land tax year, the allowance would be applied to the average value calculated as provided for by subsection (7).\n> \n> > (9) The average value of a parcel of land that is heritage-protected, and that was not heritage-protected on 31 December immediately before either or both of the preceding land tax years, is to be determined as provided for by subsection (7) (as if the parcel did not exist on the date or dates of 31 December on which it was not heritage-protected).\n> \n> > (10) If the land value of land in relation to a land tax year is altered (whether as a result of being reascertained or on objection or appeal or for the correction of a clerical error or misdescription), the average value of the land must be reascertained on the basis of the altered land value.\n> \n> > (11) If the average value of a parcel of land, after applying a land value adjustment, is less than zero, the average value of the parcel is taken to be zero.\n> \n> > (12) For the purposes of this section, land is heritage-protected if it is either heritage restricted (within the meaning of section 14G of the [Valuation of Land Act 1916](/view/html/inforce/current/act-1916-002)) or the subject of a heritage valuation under Division 6 of Part 6 of the [Heritage Act 1977](/view/html/inforce/current/act-1977-136), or both.\n> \n> **s 9AA:** Ins 2006 No 50, Sch 3 \\[3\\]. Am 2006 No 87, Sch 2 \\[4\\]–\\[7\\]; 2020 No 19, Sch 3\\[1\\].","sortOrder":15},{"sectionNumber":"9A","sectionType":"section","heading":"Concession for unutilised land value","content":"#### 9A Concession for unutilised land value\n\n9A Concession for unutilised land value\n\n> > (1) This section applies to land if an unutilised value allowance (as ascertained under Division 3 of Part 7) is entered in the Register in respect of the land.\n> \n> > (2) For the purpose of assessing land tax, the land value of the land is to be reduced by the unutilised value allowance.\n> \n> > (3) However, if the land is sold or otherwise disposed of or it ceases to be used or occupied solely as the site of a single dwelling-house, a person whose liability to pay land tax in respect of the land has been assessed in accordance with this section must, within 1 month, inform the Chief Commissioner of the date on which the land was sold or otherwise disposed of or ceased to be so used or occupied.\n> \n> > (4) Liability for land tax in respect of the year in which the land is sold, disposed of, or ceases to be used or occupied solely as the site of a single dwelling-house, and in each of the preceding years (up to a maximum of 4 preceding years) in which the person’s liability to pay land tax was assessed in accordance with this section is to be reassessed as if subsection (2) had not applied to the land.\n> \n> > (5) For the purposes of section 9 (3) (c) of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097), any such reassessment is authorised to be made more than 5 years after the initial assessment.\n> \n> > (6) Any such re-assessment is not a relevant land tax assessment for the purposes of section 35 (1) (b) of the [Valuation of Land Act 1916](/view/html/inforce/current/act-1916-002) if it is based on the same land value or average value on which the original land tax assessment was based (before the reduction was made under subsection (2) of this section).\n> \n> > (7) In this section, single dwelling-house has the same meaning as in Division 2 of Part 8 of Chapter 15 of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> \n> **s 9A:** Ins 1963 No 40, sec 2 (b). Am 1968 No 62, sec 2 (c); 1973 No 70, sec 3 (b); 1981 No 119, Sch 1; 1983 No 14, Sch 1 (5); 1985 No 147, Sch 1 (3); 1985 No 215, Sch 1 (2). Subst 1992 No 84, Sch 1 (4). Am 1995 No 11, Sch 1.71 \\[2\\]. Subst 2001 No 96, Sch 2.2 \\[1\\]. Am 2006 No 50, Sch 3 \\[4\\].","sortOrder":16},{"sectionNumber":"9B","sectionType":"section","heading":"Strata","content":"#### 9B Strata\n\n9B Strata\n\n> > (1) Land tax, in the case of land subject to the [Strata Schemes Development Act 2015](/view/html/inforce/current/act-2015-051), is to be levied and paid in respect of each lot comprised in a parcel.\n> \n> > (2) For the purposes of this Act—\n> > \n> > > (a) the land value of a lot comprised in a parcel is an amount that bears to the land value of the parcel (within the meaning of section 9 (4)) the same proportion as the unit entitlement of the lot bears to the aggregate unit entitlement, and\n> > \n> > > (b) the average value of the lot is to be ascertained on the basis of the land value of the lot, as determined under paragraph (a).\n> \n> > (3) Expressions used in this section have the same meanings as in the [Strata Schemes Development Act 2015](/view/html/inforce/current/act-2015-051).\n> \n> **s 9B (previously s 9AA):** Ins 1994 No 72, Sch 2 (1). Am 1996 No 139, Sch 2.20 \\[1\\] \\[1A\\] (am 1997 No 55, Sch 2.18 \\[1\\] \\[2\\]; 1997 No 147, Sch 2.27 \\[2\\]). Renumbered 2006 No 50, Sch 3 \\[5\\]. Am 2006 No 50, Sch 3 \\[6\\]; 2015 No 51, Sch 9.12 \\[1\\].\n> \n> **s 9B:** Ins 1990 No 35, Sch 1 (2). Am 1990 No 88, Sch 1 (4). Rep 1991 No 47, Sch 1 (8).","sortOrder":17},{"sectionNumber":"9BA","sectionType":"section","heading":"Colliery holdings","content":"#### 9BA Colliery holdings\n\n9BA Colliery holdings\n\n> For the purpose of assessing land tax, the land value of land within a colliery holding (within the meaning of the [Mining Act 1992](/view/html/inforce/current/act-1992-029)) is to be reduced by the amount recorded in the Register in relation to each parcel as the amount by which the presence of coal in that parcel increases the value of that parcel.\n> \n> **s 9BA:** Ins 2006 No 50, Sch 3 \\[7\\].","sortOrder":18},{"sectionNumber":"9C","sectionType":"section","heading":"Reduction in land value for flats on mixed development land or mixed use land","content":"#### 9C Reduction in land value for flats on mixed development land or mixed use land\n\n9C Reduction in land value for flats on mixed development land or mixed use land\n\n> > (1) For the purpose of assessing land tax, the land value of mixed development land or mixed use land on which is situated a flat is to be reduced by the allowable proportion in relation to the flat.\n> \n> > (2) The allowable proportion for a flat is as determined in accordance with whichever of the following paragraphs is applicable in the particular case—\n> > \n> > > (a) if there is an apportionment factor entered in the Register in respect of that land value—the proportion determined in accordance with the following calculation—\n> > > \n> > > ![](/image/((Type%3D%22act%22)%20AND%20(No%3D026)%20AND%20(Year%3D1956)%20AND%20(%22Historical%20Document%22%3D0))/g1.gif)\n> > \n> > > (b) if paragraph (a) is not applicable—the proportion specified in an application for a reduction under this section as the fair and reasonable proportion of the land value of the land to be attributed to the flat, subject to subsections (2A) and (2AA).\n> > \n> > > (c) (Repealed)\n> \n> > (2A) If there is no apportionment factor entered in the Register in respect of the land value of the land, the Chief Commissioner may request the Valuer-General to determine the apportionment factor in respect of the land concerned.\n> \n> > (2AA) If a request is made under subsection (2A)—\n> > \n> > > (a) the Valuer-General must determine the apportionment factor concerned and enter it in the Register, and\n> > \n> > > (b) the allowable proportion for the flat must be determined in accordance with subsection (2) (a).\n> \n> > (2AB) Apportionment factors for the purposes of this section are to be ascertained in accordance with Division 5 or Division 5A of Part 1B of the [Valuation of Land Act 1916](/view/html/inforce/current/act-1916-002), as appropriate to the land concerned. If such an apportionment factor is expressed as a percentage, the apportionment factor is, for the purposes of this section, to be converted to a fraction.\n> > \n> > Note.\n> > \n> > Divisions 5 and 5A of Part 1B of the [Valuation of Land Act 1916](/view/html/inforce/current/act-1916-002) allow objections to be made against the amount of an apportionment factor.\n> \n> > (2AC) (Repealed)\n> \n> > (3) The reduction under this section applies only if the following requirements are satisfied—\n> > \n> > > (a) the flat must be used and occupied by the owner of the land (or one of the owners) as his or her principal place of residence and for no other purpose, in which connection the use of the land for the purpose of one, but not more than one, residential occupancy other than that of the owner under lease or licence from the owner may be disregarded if it is an excluded residential occupancy (within the meaning of clause 4 of Schedule 1A),\n> > \n> > > (b) (Repealed)\n> > \n> > > (c) an owner of the land who occupies the flat must not be an owner merely because of being a trustee,\n> > \n> > > (d) the land must not be owned, or jointly owned, by a person in the person’s capacity as trustee of a special trust,\n> > \n> > > (e) the owner of the land must not be a company or company jointly with another person or other persons, except in either case a trustee company acting in its representative capacity.\n> \n> > (4) For the purposes of determining whether a flat has been used and occupied by an owner of land as his or her principal place of residence under subsection (3) (a), clauses 8, 9 and 10 of Schedule 1A apply in respect of the flat, and that part of the land on which the flat is situated, in the same way as they apply in respect of land under the principal place of residence exemption.\n> > \n> > Note.\n> > \n> > The effect of this provision is to deem a flat to be used and occupied by the owner of the land as a principal place of residence in certain circumstances, similar to the principal place of residence exemption. As a consequence, the land value of the mixed development land or mixed use land on which the flat is situated can be reduced by the allowable proportion under this section.\n> \n> > (5) Unless the land concerned is land to which subsection (2) (a) applies, there is to be no reduction under this section unless—\n> > \n> > > (a) application has been made for the reduction by all the owners of the land, specifying the proportion that in their opinion is a fair and reasonable proportion of the land value of the land to be attributed to the flat, and\n> > \n> > > (b) the application is made in a form approved by the Chief Commissioner.\n> \n> > (6) There is to be no reduction under this section if the building on the land, or the buildings on the land together, comprise 2 flats and the land is exempted from taxation under this Act.\n> \n> > (6A) For avoidance of doubt, if a reduction in the land value of land is required under this section and the land is jointly owned, then, for the purposes of section 27 (3) (a), the individual interest of each of the owners of the land (including the owner who occupies the flat) is to be assessed on the basis of the land value of the land as reduced under this section.\n> \n> > (7) This section does not apply to land to which section 9D or 21B applies.\n> \n> > (8) In this section—\n> > \n> > mixed development land has the same meaning as in Division 5 of Part 1B of the [Valuation of Land Act 1916](/view/html/inforce/current/act-1916-002).\n> > \n> > mixed use land has the same meaning as in Division 5A of Part 1B of the [Valuation of Land Act 1916](/view/html/inforce/current/act-1916-002).\n> \n> **s 9C:** Ins 1990 No 35, Sch 1 (2). Am 1991 No 47, Sch 1 (9); 1992 No 84, Sch 1 (5) (6); 1997 No 37, Sch 3 \\[2\\] \\[3\\]; 1998 No 79, Sch 2.3 \\[3\\]; 2000 No 106, Sch 3 \\[3\\]; 2002 No 108, Sch 2.2 \\[6\\]–\\[9\\]; 2004 No 33, Sch 2.2 \\[4\\]–\\[8\\]; 2008 No 67, Sch 4 \\[5\\]; 2010 No 46, Sch 6 \\[2\\]; 2024 No 90, Sch 4\\[3\\].","sortOrder":19},{"sectionNumber":"9D","sectionType":"section","heading":"Reduction in land value for single dwellings on mixed use land","content":"#### 9D Reduction in land value for single dwellings on mixed use land\n\n9D Reduction in land value for single dwellings on mixed use land\n\n> > (1) For the purpose of assessing land tax, the land value of mixed use land on which is situated one single dwelling is to be reduced by the allowable proportion in relation to the dwelling.\n> \n> > (2) The allowable proportion for the dwelling is to be determined in accordance with whichever of the following paragraphs is applicable in the particular case—\n> > \n> > > (a) if there is an apportionment factor entered in the Register in respect of that land value—the proportion determined by deducting that apportionment factor from 1,\n> > \n> > > (b) if paragraph (a) is not applicable—the proportion specified in an application for a reduction under this section as the fair and reasonable proportion of the land value of the land to be attributed to the dwelling, subject to subsections (3) and (4).\n> \n> > (3) If there is no apportionment factor entered in the Register in respect of the land value of the land, the Chief Commissioner may request the Valuer-General to determine the apportionment factor in respect of the land concerned.\n> \n> > (4) If a request is made under subsection (3)—\n> > \n> > > (a) the Valuer-General must determine the apportionment factor concerned and enter it in the Register, and\n> > \n> > > (b) the allowable proportion for the dwelling must be determined in accordance with subsection (2) (a).\n> \n> > (5) Apportionment factors for the purposes of this section are to be ascertained in accordance with Division 5A of Part 1B of the [Valuation of Land Act 1916](/view/html/inforce/current/act-1916-002). If such an apportionment factor is expressed as a percentage, the apportionment factor is, for the purposes of this section, to be converted to a fraction.\n> > \n> > Note.\n> > \n> > Division 5A of Part 1B of the [Valuation of Land Act 1916](/view/html/inforce/current/act-1916-002) allows objections to be made against the amount of an apportionment factor.\n> \n> > (6) The reduction under this section applies only if the following requirements are satisfied—\n> > \n> > > (a) the single dwelling must be used and occupied by the owner of the land (or one of the owners) as his or her principal place of residence and for no other purpose, in which connection the use of the land for the purpose of one, but not more than one, residential occupancy other than that of the owner under lease or licence from the owner may be disregarded if it is an excluded residential occupancy (within the meaning of clause 4 of Schedule 1A),\n> > \n> > > (b) an owner of the land who occupies the dwelling must not be an owner merely because of being a trustee,\n> > \n> > > (c) the owner of the land must not be a company or company jointly with another person or other persons, except in either case a trustee company acting in its representative capacity.\n> \n> > (6A) For the purposes of determining whether a single dwelling has been used and occupied by an owner of land as his or her principal place of residence under subsection (6) (a), clauses 8, 9 and 10 of Schedule 1A apply in respect of the single dwelling, and that part of the land on which the dwelling is situated, in the same way as they apply in respect of land under the principal place of residence exemption.\n> > \n> > Note.\n> > \n> > The effect of this provision is to deem a single dwelling to be used and occupied by the owner of the land as a principal place of residence in certain circumstances, similar to the principal place of residence exemption. As a consequence, the land value of the mixed use land on which the single dwelling is situated can be reduced by the allowable proportion under this section.\n> \n> > (7) Unless the land concerned is land to which subsection (2) (a) applies, there is to be no reduction under this section unless—\n> > \n> > > (a) application has been made for the reduction by all the owners of the land, specifying the proportion that in their opinion is a fair and reasonable proportion of the land value of the land to be attributed to the dwelling, and\n> > \n> > > (b) the application is made in a form approved by the Chief Commissioner.\n> \n> > (8) For avoidance of doubt, if a reduction in the land value of land is required under this section and the land is jointly owned, then, for the purposes of section 27 (3) (a), the individual interest of each of the owners of the land (including the owner who occupies the dwelling) is to be assessed on the basis of the land value of the land as reduced under this section.\n> \n> > (9) For the purposes of applying this section in respect of land on which there is a single dwelling and a residential occupancy other than that of the owner, the use of the land for the purpose of that other residential occupancy may be disregarded if that residential occupancy may be disregarded under the principal place of residence exemption under Schedule 1A.\n> \n> > (10) This section does not apply to land to which section 21B applies.\n> \n> > (11) In this section—\n> > \n> > mixed use land has the same meaning as in Division 5A of Part 1B of the [Valuation of Land Act 1916](/view/html/inforce/current/act-1916-002).\n> > \n> > single dwelling has the same meaning as it has in Division 5A of Part 1B of the [Valuation of Land Act 1916](/view/html/inforce/current/act-1916-002).\n> \n> **s 9D:** Ins 2004 No 33, Sch 2.2 \\[9\\]. Am 2008 No 67, Sch 4 \\[6\\] \\[7\\]; 2010 No 46, Sch 6 \\[3\\].","sortOrder":20},{"sectionNumber":"9E","sectionType":"section","heading":"Reduction in land value for certain build-to-rent properties—time limited","content":"#### 9E Reduction in land value for certain build-to-rent properties—time limited\n\n9E Reduction in land value for certain build-to-rent properties—time limited\n\n> > (1) This section applies in respect of land owned by a person at midnight on 31 December in any year (ending with midnight at the end of 31 December 2039).\n> > \n> > Note.\n> > \n> > Under section 3AL of the [Land Tax Act 1956](/view/html/inforce/current/act-1956-027), land tax is charged, levied, collected and paid for the period of 12 months commencing on 1 January in the next succeeding year for land owned at midnight on 31 December in any year. So this reduction provision applies until the end of the 2040 land tax year.\n> \n> > (2) For the purpose of assessing land tax, the land value of a parcel of land is to be reduced by 50% if—\n> > \n> > > (a) a building is situated on the land, and\n> > \n> > > (b) construction of the building commenced on or after 1 July 2020, and\n> > \n> > > (c) the Chief Commissioner is satisfied that a significant proportion of the labour force hours spent on the construction of the building involves or involved work performed by persons whom the Chief Commissioner considers belong to any one or more of the following classes of worker—\n> > > \n> > > > (i) apprentices or trainees,\n> > > \n> > > > (ii) long-term unemployed workers,\n> > > \n> > > > (iii) workers requiring upskilling,\n> > > \n> > > > (iv) workers with barriers to employment (such as persons with disability),\n> > > \n> > > > (v) Aboriginal jobseekers,\n> > > \n> > > > (vi) graduates, and\n> > \n> > > (d) the Chief Commissioner is satisfied that the building is being used and occupied for a build-to-rent property in accordance with guidelines approved by the Treasurer for the purposes of this section, and\n> > \n> > > (e) an application for the reduction is made in accordance with this section.\n> \n> > (3) The guidelines may include provisions with respect to the following—\n> > \n> > > (a) the circumstances in which a building is taken to be a build-to-rent property, including in relation to the following—\n> > > \n> > > > (i) the planning or development standards that must be complied with,\n> > > \n> > > > (ii) the minimum lease conditions that must be offered to tenants of the build-to-rent property,\n> > > \n> > > > (iii) the minimum scale of a building to qualify as a build-to-rent property,\n> > > \n> > > > (iv) the nature of the ownership and management of the building and the land on which the building is situated,\n> > \n> > > (b) the circumstances in which the applicant is required to give an undertaking to not subdivide the land or otherwise divide the ownership of the land,\n> > \n> > > (c) other matters relating to build-to-rent properties and the land on which build-to-rent properties are situated as the Treasurer determines appropriate.\n> \n> > (4) The guidelines must include policies to promote the development of new affordable housing and social housing in build-to-rent properties.\n> \n> > (5) Without limiting the other ways in which this section may cease to apply to a person, it ceases to apply to a person if the person breaches an undertaking given as referred to in subsection (3)(b).\n> \n> > (6) A guideline may—\n> > \n> > > (a) apply generally or be limited in its application by reference to specified exceptions or factors, or\n> > \n> > > (b) apply differently according to different factors of a specified kind,\n> > \n> > or both.\n> \n> > (7) If the Chief Commissioner is satisfied that only part of a parcel of land is being used and occupied for a build-to-rent property, the reduction in land value under subsection (2) is to be proportionately decreased in accordance with guidelines approved by the Treasurer for the purposes of this section.\n> \n> > (8) This section does not apply to an owner of land in respect of a tax year unless—\n> > \n> > > (a) the owner applies to the Chief Commissioner for the reduction, in the form approved by the Chief Commissioner, and\n> > \n> > > (b) the owner furnishes the Chief Commissioner with the evidence that the Chief Commissioner requests for the purpose of enabling the Chief Commissioner to determine whether there is an entitlement to the reduction.\n> \n> > (9) However, if, within the period of 15 years after subsection (2) first applied to reduce the land value of a parcel of land, the land is subdivided or the ownership of the land is otherwise divided—\n> > \n> > > (a) a person whose liability to pay land tax in respect of the land has been assessed in accordance with this section must, within 1 month, inform the Chief Commissioner of the date on which the land was subdivided or the ownership of the land was otherwise divided, and\n> > \n> > > (b) liability for land tax in respect of the following years is to be reassessed as if subsection (2) had not applied to the person—\n> > > \n> > > > (i) the year in which the land is subdivided or the ownership of the land is otherwise divided,\n> > > \n> > > > (ii) each preceding year in which a person’s liability to pay land tax was assessed in accordance with this section, but not more than 15 preceding years, and\n> > \n> > > (c) the subdivision or division is taken to be a tax default for the purposes of Part 5 of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097).\n> \n> > (10) For the purposes of section 9(3)(c) of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097), any such reassessment is authorised to be made more than 5 years after the initial assessment.\n> \n> > (11) Any reassessment is not a relevant land tax assessment for the purposes of section 35(1)(b) of the [Valuation of Land Act 1916](/view/html/inforce/current/act-1916-002) if it is based on the same land value or average value on which the original land tax assessment was based (before the reduction was made under subsection (2) of this section).\n> \n> > (12) In this section—\n> > \n> > affordable housing has the same meaning as in the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n> > \n> > social housing means residential accommodation provided by a social housing provider within the meaning of the [Residential Tenancies Act 2010](/view/html/inforce/current/act-2010-042).\n> \n> **s 9E:** Ins 2020 No 19, Sch 3\\[2\\]. Am 2025 No 59, Sch 3\\[1\\].","sortOrder":21},{"sectionNumber":"9F","sectionType":"section","heading":"Reduction in land value for certain build-to-rent properties—general","content":"#### 9F Reduction in land value for certain build-to-rent properties—general\n\n9F Reduction in land value for certain build-to-rent properties—general\n\n> > (1) This section applies in relation to land owned by a person at midnight on 31 December in any year after 2024.\n> \n> > (2) For the purpose of assessing land tax payable by the owner of the land, the land value of a parcel of land is to be reduced by 50% if—\n> > \n> > > (a) a building is situated on the parcel of land, and\n> > \n> > > (b) construction of the building commenced on or after 1 July 2020, and\n> > \n> > > (c) the Chief Commissioner is satisfied that—\n> > > \n> > > > (i) the building is being used and occupied for a build-to-rent property in accordance with guidelines approved by the Treasurer for this section (the Treasurer’s guidelines), and\n> > > \n> > > > (ii) the building has not, at any time, been used and occupied for a purpose other than for a build-to-rent property in accordance with the Treasurer’s guidelines, and\n> > > \n> > > > (iii) the building was constructed in accordance with the Treasurer’s guidelines, and\n> > \n> > > (d) a reduction in land value under section 9E has not occurred in relation to the parcel of land in connection with the building in any year, and\n> > \n> > > (e) an application for the reduction is made in accordance with this section.\n> \n> > (3) If the Chief Commissioner is satisfied that only part of the parcel of land, or only part of a building on the parcel of land, is being used and occupied for a build-to-rent property under this section, the reduction in land value under subsection (2) must be proportionately decreased in accordance with the Treasurer’s guidelines.\n> \n> > (4) For section 9E(7) and subsections (2)(d) and (3), section 9E and this section may, subject to this Act, apply to the same parcel of land at the same time so long as 1 section applies only to 1 part of the parcel of land and the other section applies only to another part of the parcel of land.\n> \n> > (5) This section does not apply to an owner of land in relation to a tax year unless—\n> > \n> > > (a) the owner applies to the Chief Commissioner for the reduction in the form approved by the Chief Commissioner, and\n> > \n> > > (b) the owner gives the Chief Commissioner any evidence requested by the Chief Commissioner to enable the Chief Commissioner to determine whether the owner is entitled to the reduction.\n> \n> > (6) Without limiting the other ways in which this section may cease to apply to a person, this section ceases to apply if the person breaches an undertaking given by the person in circumstances referred to in subsection (11)(b)(iii).\n> \n> > (7) If, within the period of 15 years after subsection (2) first applied to reduce the land value of a parcel of land, the parcel of land is subdivided or the ownership of the parcel of land is otherwise divided—\n> > \n> > > (a) a person whose liability to pay land tax in relation to the parcel of land has been assessed in accordance with this section must, within 1 month, inform the Chief Commissioner of the date on which the parcel of land was subdivided or the ownership of the parcel of land was otherwise divided, and\n> > \n> > > (b) liability for land tax in relation to the following years is to be reassessed as if subsection (2) had not applied to the person—\n> > > \n> > > > (i) the year in which the parcel of land is subdivided or the ownership of the parcel of land is otherwise divided,\n> > > \n> > > > (ii) each preceding year in which a person’s liability to pay land tax was assessed in accordance with this section, but not more than 15 preceding years, and\n> > \n> > > (c) the subdivision or division of ownership is taken to be a tax default for the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097), Part 5.\n> \n> > (8) Subsection (7)(b) and (c) do not apply in relation to—\n> > \n> > > (a) a parcel of land that is subdivided if the part of the parcel of land that is subject to the reduction in land value under this section is not subdivided, or\n> > \n> > > (b) a parcel of land the ownership of which is otherwise divided if the ownership of the part of the parcel of land that is subject to the reduction in land value under this section is not divided.\n> \n> > (9) For the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097), section 9(3)(c), a reassessment under subsection (7)(b) is authorised to be made more than 5 years after the initial assessment.\n> \n> > (10) A reassessment under the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097), section 9 is not a relevant land tax assessment for the [Valuation of Land Act 1916](/view/html/inforce/current/act-1916-002), section 35(1)(b) if the reassessment is based on the same land value or average value on which the original land tax assessment was based before the reduction was made under subsection (2).\n> \n> > (11) The Treasurer’s guidelines—\n> > \n> > > (a) must include policies to promote the development of new affordable housing and social housing in build-to-rent properties, and\n> > \n> > > (b) may include provisions in relation to the following—\n> > > \n> > > > (i) the circumstances in which a building is taken to be a build-to-rent property, including in relation to the following—\n> > > > \n> > > > > (A) the planning or development standards that must be complied with,\n> > > > \n> > > > > (B) the minimum lease conditions that must be offered to tenants of the build-to-rent property,\n> > > > \n> > > > > (C) the minimum scale of a building to qualify as a build-to-rent property,\n> > > > \n> > > > > (D) the nature of the ownership and management of the building and the land on which the building is situated,\n> > > \n> > > > (ii) requirements relating to the construction of the building, including requirements about—\n> > > > \n> > > > > (A) particular classes of workers who must be or must have been involved in the construction of the building, and\n> > > > > \n> > > > > Examples of classes of workers—\n> > > > > \n> > > > > apprentices or trainees, long-term unemployed workers, workers requiring upskilling, workers with barriers to employment, Aboriginal and Torres Strait Island jobseekers, graduate workers\n> > > > \n> > > > > (B) the proportion of labour force hours spent on the construction that must involve or must have involved work performed by particular classes of workers,\n> > > \n> > > > (iii) the circumstances in which the applicant is required to give an undertaking to not subdivide the land or otherwise divide the ownership of the land,\n> > > \n> > > > (iv) other matters relating to build-to-rent properties and the land on which build-to-rent properties are situated as the Treasurer determines appropriate, and\n> > \n> > > (c) may—\n> > > \n> > > > (i) apply generally or be limited in application by reference to specified exceptions or factors, or\n> > > \n> > > > (ii) apply differently according to different factors of a specified kind, or\n> > > \n> > > > (iii) do both.\n> \n> > (12) The Chief Commissioner must keep and maintain a public register of parcels of land that are subject to the reduction in land value under this section in accordance with the regulations.\n> \n> > (13) In this section—\n> > \n> > affordable housing has the same meaning as in the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n> > \n> > social housing means residential accommodation provided by a social housing provider within the meaning of the [Residential Tenancies Act 2010](/view/html/inforce/current/act-2010-042).\n> \n> **s 9F:** Ins 2025 No 59, Sch 3\\[2\\].","sortOrder":22},{"sectionNumber":"10","sectionType":"section","heading":"Land exempted from tax","content":"#### 10 Land exempted from tax\n\n10 Land exempted from tax\n\n> > (1) Except where otherwise expressly provided in this Act the following lands shall, subject to sections 10B, 10D, 10E and 10P, be exempted from taxation under this Act—\n> > \n> > > (a) (Repealed)\n> > \n> > > (b) land owned by any marketing board constituted under the [Rice Marketing Act 1983](/view/html/inforce/current/act-1983-176), an agricultural industry services committee constituted by the [Agricultural Industry Services Act 1998](/view/html/inforce/current/act-1998-045) or Local Land Services,\n> > \n> > > (c) land owned by or in trust for a public health organisation within the meaning of the [Health Services Act 1997](/view/html/inforce/current/act-1997-154),\n> > \n> > > (c1) (Repealed)\n> > \n> > > (d) land owned by or in trust for a charitable body,\n> > \n> > > (e) land owned by or in trust for a religious society if the society, however formed or constituted, is carried on solely for religious, charitable or educational purposes, including the support of the aged or infirm clergy or ministers of the society, or their wives or widows or children, and not for pecuniary profit,\n> > \n> > > (f) land owned by or in trust for, and used and occupied solely by—\n> > > \n> > > > (i) an association of employers or employees registered as an organisation under Part IX of the [Industrial Relations Act 1988](http://www.legislation.gov.au/) of the Commonwealth,\n> > > \n> > > > (ii) (Repealed)\n> > > \n> > > > (iii) an industrial organisation of employers or employees within the meaning of the [Industrial Relations Act 1996](/view/html/inforce/current/act-1996-017),\n> > > \n> > > > (iv) Unions NSW or any other association of bodies of a kind referred to in subparagraph (i) or (iii), or\n> > > \n> > > > (v) a company in which shares representing not less than 85 per cent of the paid-up capital thereof are held by or in trust for a body referred to in subparagraph (i), (iii) or (iv),\n> > > \n> > > not being land of which any part is used for the purpose of a commercial activity open to members of the public,\n> > \n> > > (f1) land owned by the New South Wales Aboriginal Land Council or a Local Aboriginal Land Council constituted under the [Aboriginal Land Rights Act 1983](/view/html/inforce/current/act-1983-042) or a registered native title body corporate within the meaning of the [Native Title Act 1993](http://www.legislation.gov.au/) of the Commonwealth,\n> > \n> > > (g) land owned by or in trust for any person or society and used or occupied by that person or society solely as a site for—\n> > > \n> > > > (i) a place of worship for a religious society, or a place of residence for any clergy or ministers or order of a religious society,\n> > > \n> > > > (ii) (Repealed)\n> > > \n> > > > (iii) a building (not being a building of which any part is used for the purpose of a commercial activity open to members of the public) owned and solely occupied by a society, club or association not carried on for pecuniary profit,\n> > > \n> > > > (iv) a charitable body,\n> > > \n> > > > (v) a public cemetery or crematorium,\n> > > \n> > > > (vi) a public garden, public recreation ground or public reserve,\n> > > \n> > > > (vii) a fire brigade, ambulance or mines rescue station,\n> > > \n> > > > (viii) a private health facility (within the meaning of the [Private Health Facilities Act 2007](/view/html/inforce/current/act-2007-009)) not carried on for pecuniary profit,\n> > > \n> > > > (ix) an authorised hospital within the meaning of the [Mental Health Act 1990](/view/html/repealed/current/act-1990-009) not carried on for pecuniary profit,\n> > > \n> > > > (x) (Repealed)\n> > \n> > > (h) land owned by, or in trust for, any club or body of persons, and used primarily and principally for the purposes of any game or sport and not used for the pecuniary profit of the members of that club or body,\n> > \n> > > (i) land owned by, or in trust for, any club or body of persons, formed for promoting or controlling horse-racing, trotting-racing or greyhound-racing and used primarily and principally for the holding of meetings for horse-racing, trotting-racing or greyhound-racing,\n> > \n> > > (j) land used and occupied for the purpose of holding agricultural shows, or shows of a like nature and owned by, or held in trust for, a society which is established for the purpose of holding such shows and is not carried on for the pecuniary profit of its members and applies its revenues substantially towards the promotion or holding of such shows,\n> > \n> > > (k) land owned by a friendly society,\n> > \n> > > (l) association property that is vested in an association under the [Community Land Development Act 2021](/view/html/inforce/current/act-2021-006) and is used primarily and principally—\n> > > \n> > > > (i) as an open access way or private access way within a community scheme, precinct scheme or neighbourhood scheme under the [Community Land Development Act 2021](/view/html/inforce/current/act-2021-006), or\n> > > \n> > > > (ii) for the recreation of participants in such a scheme and their invitees,\n> > > \n> > > but is not used for a commercial purpose,\n> > \n> > > (m) land owned by a State owned corporation (within the meaning of the [State Owned Corporations Act 1989](/view/html/inforce/current/act-1989-134)) specified in the regulations to the extent, and from the date (whether that date is before or after the commencement of the regulations), prescribed by the regulations in respect of the corporation,\n> > \n> > > (n) land owned by any gas or electricity supply authority specified in the regulations (being an energy services corporation within the meaning of the [Energy Services Corporations Act 1995](/view/html/inforce/current/act-1995-095), a distributor that holds a licence to operate a distribution system under the [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094) or a gas distributor that holds an authorisation under the [Gas Supply Act 1996](/view/html/inforce/current/act-1996-038)) to the extent, and from the date (whether that date is before or after the commencement of the regulations), prescribed by the regulations in respect of such authority,\n> > \n> > > (o) land owned by the Returned Sailors, Soldiers and Airmen’s Imperial League of Australia (New South Wales Branch) and being the site of Anzac House,\n> > \n> > > (p) land that is the subject of a biodiversity stewardship agreement under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063),\n> > \n> > > (p1) land that is the subject of a conservation agreement under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063) or the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), being an agreement that remains in force in perpetuity (that is, an agreement that remains in force for an indefinite period and that cannot be unilaterally terminated by the owner of the land),\n> > \n> > > (p1A) land that is the subject of a registered Trust agreement that was referred to in section 36 of the [Nature Conservation Trust Act 2001](/view/html/repealed/current/act-2001-010) (being an agreement that is continued in force by clause 50 of the [Biodiversity Conservation (Savings and Transitional) Regulation 2017](/view/html/inforce/current/sl-2017-0433) and that remains in force in perpetuity, as referred to in paragraph (p1)),\n> > \n> > > (p2) land in which the Biodiversity Conservation Trust holds an interest,\n> > \n> > > (p3) land that is vested in, owned by, held on trust by or for, or leased by a joint government enterprise that has the function of allocating funds for water savings projects,\n> > \n> > > (q) land used solely as a police station,\n> > \n> > > (r) land that is exempt from taxation under the principal place of residence exemption, as provided for by Schedule 1A,\n> > \n> > > (r1) with respect to taxation leviable or payable in respect of the year commencing on 1 January 1987 or any succeeding year, land approved for multiple occupancy, and occupied, in accordance with an environmental planning instrument within the meaning of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203),\n> > \n> > > (s) land used solely as a site for a school registered under the [Education Act 1990](/view/html/inforce/current/act-1990-008),\n> > \n> > > (t) with respect to taxation leviable or payable in respect of the year commencing on 1 January 1975 or any succeeding year, land owned by a co-operative under the [Co-operatives National Law (NSW)](/view/html/inforce/current/act-2012-29a) that has as its objects any of the objects listed in section 7 of the Co-operation Act 1923,\n> > \n> > > (u) land that is used solely for the provision of an approved education and care service (within the meaning of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a)), but only if—\n> > > \n> > > > (i) the service is provided by an approved provider under that Law, and\n> > > \n> > > > (ii) the land is the place where children are educated or cared for by the service,\n> > \n> > > (v) land that is used solely for the provision of an approved education and care service (within the meaning of the [Children (Education and Care Services) Supplementary Provisions Act 2011](/view/html/inforce/current/act-2011-070)), but only if—\n> > > \n> > > > (i) the service is a centre based education and care service within the meaning of that Act, and\n> > > \n> > > > (ii) the service is provided by an approved provider under that Act, and\n> > > \n> > > > (iii) the land is the place where children are educated or cared for by the service.\n> \n> > (1A)–(1I) (Repealed)\n> \n> > (2) Where—\n> > \n> > > (a) a building is erected on land to which the provisions of subsection (1) (f) or (g) (iii) or of section 10B or 10D (2) would apply if the building were solely occupied by the persons or bodies referred to in those provisions, and\n> > \n> > > (b) the building is partly used or occupied, or is intended to be partly used or occupied, by persons other than those persons or bodies,\n> > \n> > the land value of that land shall, for the purposes of the assessment of those persons or bodies, be reduced to an amount which bears the same proportion to that land value as the rental value of the part so used or occupied, or intended to be so used or occupied, by those other persons bears to the total rental value of the building.\n> \n> > (2A) Where—\n> > \n> > > (a) part of any land or part of a building is used, or intended to be used, for the purpose of a commercial activity open to members of the public, and\n> > \n> > > (b) the provisions of subsection (1) (f) or (g) (iii) would apply to the land or building if no part of the land or building were so used, or intended to be so used,\n> > \n> > the land value of that land or of the land on which that building is erected shall, for the purposes of the assessment of land tax, be reduced to an amount which bears the same proportion to that land value as the rental value of the part so used, or intended to be so used, bears to the total rental value of that land or building, as the case may be.\n> \n> > (2AA) (Repealed)\n> \n> > (2B) For the purposes of subsection (1) (f), the use or occupation of any land or part of any land by any body, being a body of a kind referred to in subsection (1) (f)—\n> > \n> > > (a) which is affiliated with the body by, or in trust for, which the land is owned,\n> > \n> > > (b) with which the body referred to in paragraph (a) is affiliated, or\n> > \n> > > (c) which is controlled by, or controls, the body referred to in paragraph (a),\n> > \n> > shall not be deemed to be use or occupation by a person other than the body by, or in trust for, which the land is owned.\n> \n> > (2C) If part of any land is the subject of any of the following agreements, the land value of that land is, for the purposes of the assessment of land tax, to be reduced by an amount that bears the same proportion to that land value as the area of the part that is the subject of the agreement bears to the area of the whole of the land—\n> > \n> > > (a) a biodiversity stewardship agreement under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063),\n> > \n> > > (b) a conservation agreement under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063) or the [National Parks and Wildlife Act 1974](/view/html/inforce/current/act-1974-080), being an agreement that remains in force in perpetuity (that is, an agreement that remains in force for an indefinite period and that cannot be unilaterally terminated by the owner of the land),\n> > \n> > > (c) land that is the subject of a registered Trust agreement that was referred to in section 36 of the [Nature Conservation Trust Act 2001](/view/html/repealed/current/act-2001-010) (being an agreement that is continued in force by clause 50 of the [Biodiversity Conservation (Savings and Transitional) Regulation 2017](/view/html/inforce/current/sl-2017-0433) and that remains in force in perpetuity, as referred to in paragraph (b)).\n> \n> > (3) For the purposes of sub-paragraph (iii) of paragraph (g) of subsection (1), the use or occupation of any building or part of any building by any society, institution, club or association not carried on for pecuniary profit, which is affiliated with the owner of the land on which the building is erected, or with which that owner is affiliated, or which is controlled by or controls that owner, shall not be deemed to be use or occupation by a person other than the owner.\n> \n> > (4) Subsection (1) (g) (iii), and the other provisions of this section as they relate to that subparagraph, apply in respect of premises comprised in a strata lot as if those premises were a building erected on the site of the strata lot (and a reference to a building is to be construed as a reference to the strata lot).\n> \n> > (5) In this section—\n> > \n> > charitable body means a body corporate, society, institution or other body carried on solely for charitable or educational purposes and not for pecuniary profit.\n> > \n> > strata lot means a lot under the [Strata Schemes Development Act 2015](/view/html/inforce/current/act-2015-051).\n> \n> **s 10:** Am 1967 No 18, sec 125 (1) (ins 1967 No 81, sec 2); 1969 No 69, sec 2 (c); 1970 No 64, sec 2 (b); 1971 No 48, sec 2 (b); 1973 No 35, sec 12; 1973 No 68, Sch 3 (am 1974 No 35, Sch); 1973 No 70, secs 3 (c), 5 (b); 1975 No 97, Schs 1, 3 (2); 1979 No 205, Sch 2, Part 1; 1981 No 119, Sch 1; 1981 No 123, Sch 8; 1983 No 14, Sch 1 (5); 1983 No 42, Sch 3; 1983 No 171, Sch 1 (3); 1985 No 147, Sch 1 (2); 1985 No 215, Sch 1 (3); 1986 No 53, Sch 1; 1986 No 186, Schs 1, 2 (1); 1986 No 220, Sch 1; 1987 No 58, Sch 3; 1987 No 63, Sch 2; 1987 No 229, Sch 1; 1988 No 128, Sch 1 (4); 1989 No 204, Sch 1; 1990 No 88, Sch 1 (6)–(8); 1991 No 47, Sch 1 (1) (14); 1992 No 18, Sch 7; 1992 No 84, Schs 1 (5), 2 (1); 1994 No 48, Sch 5 (14); 1994 No 72, Sch 2 (2); 1995 No 94, Sch 5.6; 1995 No 98, Sch 4 \\[1\\]; 1996 No 38, Sch 1.9; 1996 No 121, Sch 4.33; 1996 No 139, Sch 2.20 \\[2\\]–\\[5\\] (am 1997 No 55, Sch 2.18 \\[1\\] \\[2\\]); 1997 No 11, Sch 1.11; 1997 No 37, Sch 3 \\[4\\] \\[5\\]; 1997 No 154, Sch 6.20; 1998 No 44, Sch 2 \\[1\\]; 1998 No 45, Sch 3.3; 1998 No 79, Sch 2.3 \\[4\\]; 1998 No 170, Sch 3.7 \\[1\\] \\[2\\]; 1999 No 52, Sch 2.1 \\[2\\]; 2000 No 51, Sch 3 \\[1\\] \\[2\\]; 2000 No 106, Sch 3 \\[4\\]; 2000 No 109, Sch 2.4; 2001 No 10, Sch 5.3 \\[1\\]; 2001 No 96, Sch 2.2 \\[2\\]; 2002 No 78, Sch 2.4; 2002 No 108, Sch 2.2 \\[10\\]–\\[14\\]; 2003 No 80, Sch 4 \\[3\\]–\\[6\\]; 2004 No 67, Sch 2 \\[1\\] \\[2\\]; 2004 No 87, Sch 6.9 \\[1\\]; 2005 No 64, Sch 2.31; 2005 No 111, Sch 4 \\[3\\]–\\[7\\]; 2006 No 125, Sch 2.4 \\[1\\] \\[2\\]; 2007 No 9, Sch 5.17; 2008 No 67, Sch 4 \\[8\\] \\[9\\]; 2008 No 112, Sch 6.16; 2010 No 46, Sch 6 \\[4\\]–\\[6\\]; 2013 No 51, Sch 7.25; 2014 No 19, Sch 2 \\[3\\]–\\[7\\]; 2014 No 88, Sch 2.33; 2015 No 5, Sch 8.17; 2015 No 51, Sch 9.12 \\[2\\]; 2017 No 22, Sch 2.23 \\[1\\]; 2018 No 68, Sch 1.14 \\[1\\] \\[2\\]; 2021 No 6, Sch 5.9; 2022 No 26, Sch 2.15; 2023 No 18, Sch 4\\[1\\] \\[2\\]; 2024 No 90, Sch 4\\[4\\] \\[5\\].","sortOrder":23},{"sectionNumber":"10AA","sectionType":"section","heading":"Exemption for land used for primary production","content":"#### 10AA Exemption for land used for primary production\n\n10AA Exemption for land used for primary production\n\n> > (1) Land that is rural land is exempt from taxation if it is land used for primary production.\n> \n> > (2) Land that is not rural land is exempt from taxation if it is land used for primary production and that use of the land—\n> > \n> > > (a) has a significant and substantial commercial purpose or character, and\n> > \n> > > (b) is engaged in for the purpose of profit on a continuous or repetitive basis (whether or not a profit is actually made).\n> \n> > (3) For the purposes of this section, land used for primary production means land the dominant use of which is for—\n> > \n> > > (a) cultivation, for the purpose of selling the produce of the cultivation, or\n> > \n> > > (b) the maintenance of animals (including birds), whether wild or domesticated, for the purpose of selling them or their natural increase or bodily produce, or\n> > \n> > > (c) commercial fishing (including preparation for that fishing and the storage or preparation of fish or fishing gear) or the commercial farming of fish, molluscs, crustaceans or other aquatic animals, or\n> > \n> > > (d) the keeping of bees, for the purpose of selling their honey, or\n> > \n> > > (e) a commercial plant nursery, but not a nursery at which the principal cultivation is the maintenance of plants pending their sale to the general public, or\n> > \n> > > (f) the propagation for sale of mushrooms, orchids or flowers.\n> \n> > (4) For the purposes of this section, land is rural land if—\n> > \n> > > (a) the land is zoned rural, rural residential, non-urban or large lot residential under a planning instrument, or\n> > \n> > > (b) the land has another zoning under a planning instrument, and the zone is a type of rural zone under the standard instrument prescribed under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), section 3.20, or\n> > \n> > > (c) the land is not within a zone under a planning instrument but the Chief Commissioner is satisfied the land is rural land.\n> \n> **s 10AA:** Ins 2002 No 108, Sch 2.2 \\[15\\]. Rep 2003 No 80, Sch 4 \\[7\\]. Ins 2005 No 111, Sch 4 \\[8\\]. Am 2014 No 19, Sch 2 \\[8\\]; 2022 No 59, Sch 2.25.","sortOrder":24},{"sectionNumber":"10A","sectionType":"section","heading":"Land used for several purposes","content":"#### 10A Land used for several purposes\n\n10A Land used for several purposes\n\n> > (1) If land is used for more than one purpose and each of those purposes is an exempt purpose, the land is exempt from taxation.\n> \n> > (2) A purpose for which land is used is an exempt purpose if land used solely for that purpose would be exempt from taxation because of its use for that purpose.\n> \n> **s 10A:** Ins 1975 No 97, Sch 3 (3). Am 1981 No 123, Sch 8; 1983 No 14, Sch 1 (5). Rep 1985 No 215, Sch 1 (4). Ins 1988 No 128, Sch 1 (5). Rep 1989 No 113, sec 4. Ins 1990 No 35, Sch 1 (3). Am 1996 No 139, Sch 2.20 \\[6\\]; 1998 No 44, Sch 2 \\[2\\]; 1998 No 104, Sch 4 \\[1\\] \\[2\\]; 2001 No 96, Sch 2.2 \\[3\\]. Subst 2003 No 80, Sch 4 \\[8\\].","sortOrder":25},{"sectionNumber":"10B","sectionType":"section","heading":"Taxation of land owned by SAS Trustee Corporation","content":"#### 10B Taxation of land owned by SAS Trustee Corporation\n\n10B Taxation of land owned by SAS Trustee Corporation\n\n> Nothing in this Act operates to exempt from taxation under this Act any land owned by the SAS Trustee Corporation that is not land solely occupied by the SAS Trustee Corporation as offices from which to exercise and perform its powers, authorities, duties and functions.\n> \n> **s 10B:** Ins 1975 No 97, Sch 3 (3). Am 1994 No 48, Sch 5 (15); 1996 No 39, Sch 4.5; 1996 No 122, Sch 7.7. Subst 2005 No 91, Sch 3.5.","sortOrder":26},{"sectionNumber":"10C","sectionType":"section","heading":null,"content":"#### 10C\n\n10C (Repealed)","sortOrder":27},{"sectionNumber":"10CA","sectionType":"section","heading":"Taxation of land owned by Place Management NSW","content":"#### 10CA Taxation of land owned by Place Management NSW\n\n10CA Taxation of land owned by Place Management NSW\n\n> > (1) Nothing in this Act operates to exempt from land tax, or to otherwise affect the liability to land tax of, a lessee of any land—\n> > \n> > > (a) that is owned by Place Management NSW, and\n> > \n> > > (b) that was owned by the Sydney Cove Redevelopment Authority immediately before its dissolution on 1 February 1999, and\n> > \n> > > (c) in respect of which the Sydney Cove Redevelopment Authority was, immediately before 1 February 1999, liable for land tax under section 10C of this Act as then in force for the land tax year starting on 1 January 1999,\n> > \n> > while that land remains in the ownership of Place Management NSW.\n> \n> > (2) For the purposes of this section, it is immaterial whether the lease was entered into before, on or after 1 January 1991.\n> \n> > (3) This section applies to and in respect of land tax chargeable on land for the land tax year starting on 1 January 2001 and subsequent land tax years.\n> \n> **s 10CA:** Ins 2000 No 105, Sch 3 \\[2\\]. Am 2017 No 22, Sch 2.23 \\[2\\].","sortOrder":29},{"sectionNumber":"10D","sectionType":"section","heading":"Taxation of land owned by certain statutory corporations","content":"#### 10D Taxation of land owned by certain statutory corporations\n\n10D Taxation of land owned by certain statutory corporations\n\n> > (1) In this section prescribed authority means—\n> > \n> > > (a) (Repealed)\n> > \n> > > (b) a corporation constituted under section 4 or 23A of the [Growth Centres (Development Corporations) Act 1974](/view/html/inforce/current/act-1974-049), or\n> > \n> > > (c) the New South Wales Planning and Environment Commission in respect of the development of the Sydney South West Sector.\n> \n> > (2) Nothing in this Act operates to exempt from taxation under this Act any land owned by a prescribed authority that is—\n> > \n> > > (a) occupied by the authority as offices from which to exercise and perform its powers, authorities, duties and functions unless the land is solely so occupied, or\n> > \n> > > (b) land leased by the authority for commercial or industrial purposes.\n> \n> **s 10D:** Ins 1975 No 97, Sch 3 (3). Am 1985 No 215, Sch 1 (5); 2000 No 18, Sch 1.2.","sortOrder":30},{"sectionNumber":"10E","sectionType":"section","heading":"Taxation of land acquired for Urban Land Council","content":"#### 10E Taxation of land acquired for Urban Land Council\n\n10E Taxation of land acquired for Urban Land Council\n\n> Nothing in this Act operates to exempt from taxation under this Act any land owned by the Housing Commission of New South Wales or the New South Wales Planning and Environment Commission or any other corporation for the purposes of the Urban Land Council being land (other than land held for open space purposes) held for development.\n> \n> **s 10E:** Ins 1975 No 97, Sch 3 (3). Am 1985 No 215, Sch 1 (5).","sortOrder":31},{"sectionNumber":"10F","sectionType":"section","heading":null,"content":"#### 10F\n\n10F–10O (Repealed)","sortOrder":32},{"sectionNumber":"10P","sectionType":"section","heading":"Limitation on exemption for charitable, educational, religious or non-profit bodies","content":"#### 10P Limitation on exemption for charitable, educational, religious or non-profit bodies\n\n10P Limitation on exemption for charitable, educational, religious or non-profit bodies\n\n> > (1) The exemption provided for in section 10 (1) (d), (e), (g) (iii), (g) (iv), (g) (vi), (h) or (p2) does not apply to a body referred to in any of those provisions if the Chief Commissioner is of the opinion that the constitution (by whatever name called) of the body makes provision for the distribution of the property of the body, in a dissolution of the body, in a manner that—\n> > \n> > > (a) would operate to vest some or all of that property in one or more of the members or former members of the body, or\n> > \n> > > (b) would ultimately lead (whether or not as a direct result of that dissolution) to some or all of the property of the body vesting in one or more of the members or former members of the body.\n> \n> > (1A) The exemption provided for in section 10 (1) (g) (vi) does not apply if the land is—\n> > \n> > > (a) owned by a natural person, otherwise than as a trustee, or\n> > \n> > > (b) owned by a natural person in trust for—\n> > > \n> > > > (i) another natural person, or\n> > > \n> > > > (ii) a body in respect of which the Chief Commissioner forms an opinion on the grounds referred to in subsection (1).\n> \n> > (2) In subsection (1)—\n> > \n> > property includes proceeds of the sale or other disposal of property.\n> \n> > (3) The Chief Commissioner may exempt a body from the operation of subsection (1) (either in respect of the current tax year or that year and specified prior tax years) if satisfied that—\n> > \n> > > (a) the body is not involved in a scheme or arrangement for the avoidance or evasion of land tax, and\n> > \n> > > (b) the constitution of the body will be altered within 6 months so that the constitution does not make provision as referred to in subsection (1).\n> \n> > (4) An exemption under subsection (3) ceases if the constitution of the body is not so altered within 6 months after the exemption is granted.\n> \n> **s 10P:** Ins 1988 No 128, Sch 1 (6). Am 2000 No 105, Sch 3 \\[3\\] \\[4\\]; 2001 No 10, Sch 5.3 \\[2\\].","sortOrder":34},{"sectionNumber":"10Q","sectionType":"section","heading":"Low cost accommodation—exemption/reduction","content":"#### 10Q Low cost accommodation—exemption/reduction\n\n10Q Low cost accommodation—exemption/reduction\n\n> > (1) Land is exempted from taxation under this Act leviable or payable in respect of the year commencing on 1 January 1995 or any succeeding year if—\n> > \n> > > (a) the land is used and occupied primarily for low cost accommodation, and\n> > \n> > > (b) application for the exemption is made in accordance with this section, and\n> > \n> > > (c) the Chief Commissioner is satisfied that the land is so used and occupied in accordance with guidelines approved by the Treasurer for the purposes of this section.\n> \n> > (2) The guidelines may include provisions with respect to the following—\n> > \n> > > (a) the circumstances in which accommodation is taken to be low cost accommodation,\n> > \n> > > (b) the types and location of premises in which low cost accommodation may be provided,\n> > \n> > > (c) the number and types of persons for whom the accommodation must be provided,\n> > \n> > > (d) the circumstances in which, and the arrangements under which, the accommodation is provided,\n> > \n> > > (e) maximum tariffs for the accommodation,\n> > \n> > > (f) periods within which tariffs may not be increased,\n> > \n> > > (g) the circumstances in which the applicant is required to give an undertaking to pass on the benefit of the exemption from taxation (or, if subsection (4) applies, the reduction in taxation) to the persons for whom the accommodation is provided in the form of lower tariffs.\n> \n> > (3) A guideline may—\n> > \n> > > (a) apply generally or be limited in its application by reference to specified exceptions or factors, or\n> > \n> > > (b) apply differently according to different factors of a specified kind,\n> > \n> > or both.\n> \n> > (4) If the Chief Commissioner is satisfied that part only of land or premises is used and occupied primarily for low cost accommodation in accordance with the Treasurer’s guidelines, the land value of the land is to be reduced for the purposes of land tax in accordance with the principles in section 10R (3)–(3C).\n> \n> > (5) This section does not apply to an owner of land in respect of a tax year unless—\n> > \n> > > (a) the owner applies to the Chief Commissioner for the exemption or reduction, in the form approved by the Chief Commissioner, and\n> > \n> > > (b) the owner furnishes the Chief Commissioner with such evidence as the Chief Commissioner may request for the purpose of enabling the Chief Commissioner to determine whether there is an entitlement to the exemption or reduction.\n> \n> > (6) Without limiting the other ways in which this section may cease to apply to a person, it ceases to apply to a person if the person breaches an undertaking given as referred to in subsection (2) (g).\n> \n> **s 10Q:** Ins 1989 No 222, Sch 1 (2). Am 1991 No 47, Sch 1 (4); 1992 No 84, Sch 2 (2). Subst 1994 No 72, Sch 2 (3).","sortOrder":35},{"sectionNumber":"10R","sectionType":"section","heading":"Retirement villages—exemption/reduction","content":"#### 10R Retirement villages—exemption/reduction\n\n10R Retirement villages—exemption/reduction\n\n> > (1) In this section—\n> > \n> > aged care establishment means—\n> > \n> > > (a) any building or any part of a building used or intended to be used for the provision of residential care, within the meaning of the [Aged Care Act 1997](http://www.legislation.gov.au/) of the Commonwealth, by an approved provider under that Act, or\n> > \n> > > (b) any building or any part of a building used or intended to be used for the provision of respite care, within the meaning of the [Aged Care Act 1997](http://www.legislation.gov.au/) of the Commonwealth, by an approved provider under that Act.\n> > \n> > retirement village has the same meaning as in the [Retirement Villages Act 1999](/view/html/inforce/current/act-1999-081).\n> \n> > (2) Land is exempt from taxation under this Act if the land is used and occupied as any of the following, or any combination of the following, and for no other purpose—\n> > \n> > > (a) an aged care establishment,\n> > \n> > > (b) a retirement village.\n> > \n> > > (c) (Repealed)\n> \n> > (3) If the Chief Commissioner is satisfied that part only of land is used and occupied as referred to in subsection (2), the land value of the land is to be reduced for the purposes of land tax by an amount calculated as follows—\n> > \n> > ![](/image/((Type%3D%22act%22)%20AND%20(No%3D026)%20AND%20(Year%3D1956)%20AND%20(%22Historical%20Document%22%3D0))/g3.gif)  \n> > where—\n> > \n> > R\\= the reduction in land value.\n> > \n> > A\\= the land value of the land before reduction.\n> > \n> > B\\= the area of the land used and occupied as referred to in subsection (2).\n> > \n> > C\\= the total area of the land.\n> \n> > (3A) If part only of a building is used and occupied as referred to in subsection (2), a proportion (the allowable proportion) of the area of the land occupied by the building is to be included as part of the area of the land so used and occupied for the purpose of determining the value of “B” in the calculation under subsection (3).\n> \n> > (3B) The allowable proportion under subsection (3A) is the proportion specified in an application under subsection (3C) in respect of the land, subject to subsections (3D)–(3F).\n> \n> > (3C) Subsection (3A) does not apply unless application has been made to the Chief Commissioner by the owner of the land specifying the proportion that in the owner’s opinion is a fair and reasonable proportion of the area of land occupied by the building to be attributed to use and occupation as referred to in subsection (2). The application must be in a form approved by the Chief Commissioner and be accompanied by such supporting information as the Chief Commissioner may request.\n> \n> > (3D) Despite subsection (3B), the Chief Commissioner may request the Valuer-General to determine the reduced land value to be attributed, for the purposes of assessing land tax, to that part of the land that is used or occupied otherwise than as referred to in subsection (2).\n> \n> > (3E) If a request is made under subsection (3D)—\n> > \n> > > (a) the Valuer-General must determine the reduced land value concerned, and\n> > \n> > > (b) the reduced land value so determined is (subject to subsection (3F)) the value of the land for land tax purposes (instead of the value obtained under subsections (3) and (3A)), and is to be entered in the Register accordingly.\n> \n> > (3F) Part 3 (Notices and objections) and Part 4 (Appeals to Land and Environment Court) of the [Valuation of Land Act 1916](/view/html/inforce/current/act-1916-002) apply in respect of the reduced land value determined under subsection (3E) in the same way as those Parts apply in respect of a valuation under that Act.\n> \n> > (4) For the purposes of this section, land does not cease to be used and occupied for the purpose of an aged care establishment or a retirement village merely because any building or improvement on the land is used or occupied for a purpose ancillary to that purpose.\n> \n> > (5) This section applies to land tax payable in respect of the year commencing on 1 January 1991 and any succeeding year.\n> \n> **s 10R:** Ins 1990 No 88, Sch 1 (9). Am 1992 No 84, Schs 1 (5), 2 (3); 2001 No 96, Sch 2.2 \\[5\\]–\\[8\\]; 2002 No 108, Sch 2.2 \\[16\\] \\[17\\]; 2004 No 87, Sch 6.9 \\[2\\]–\\[4\\].","sortOrder":36},{"sectionNumber":"10S","sectionType":"section","heading":"Tax liability in respect of certain housing schemes","content":"#### 10S Tax liability in respect of certain housing schemes\n\n10S Tax liability in respect of certain housing schemes\n\n> > (1) In this section—\n> > \n> > eligible land means—\n> > \n> > > (a) land owned by N.S.W. Housing No. 1 Pty. Limited that the Chief Commissioner is satisfied is the subject of an arrangement known as the Public Equity Partnership Arrangement in which the New South Wales Land and Housing Corporation is a participant,\n> > \n> > > (b) land of which the trustee of the FANMAC Pooled Superannuation Trust No. 1 is an owner and which the Chief Commissioner is satisfied is the subject of a scheme known as the Rent/Buy Scheme in which the New South Wales Land and Housing Corporation is a participant.\n> \n> > (2) Land is exempt from taxation under this Act if the land is eligible land.\n> \n> > (3) This section applies in respect of the year commencing 1 January 2006 and any succeeding year.\n> \n> > (4) (Repealed)\n> \n> **s 10S:** Ins 1990 No 88, Sch 1 (10). Am 2006 No 51, Sch 2 \\[1\\] \\[2\\].","sortOrder":37},{"sectionNumber":"10T","sectionType":"section","heading":null,"content":"#### 10T\n\n10T, 10U (Repealed)","sortOrder":38},{"sectionNumber":"11","sectionType":"section","heading":"Limitation of exemption","content":"#### 11 Limitation of exemption\n\n11 Limitation of exemption\n\n> > (1) With respect to land which under section 10 is exempt from land tax the exemption shall be limited to the owner specified in that section, and shall not extend to any other person who is the owner of any estate or interest in the land.\n> \n> > (2) This section does not apply in respect of the principal place of residence exemption (within the meaning of Schedule 1A).\n> > \n> > Note.\n> > \n> > See clause 2 (3) of Schedule 1A.\n> \n> **s 11:** Am 2010 No 46, Sch 6 \\[7\\].","sortOrder":40},{"sectionNumber":"Part 4","sectionType":"part","heading":"Returns and liability","content":"# Part 4 Returns and liability\n\nPart 4 Returns and liability\n\n**pt 4, hdg:** Am 1996 No 98, Sch 1.3 \\[5\\].","sortOrder":41},{"sectionNumber":"12","sectionType":"section","heading":"Taxpayer to furnish returns","content":"#### 12 Taxpayer to furnish returns\n\n12 Taxpayer to furnish returns\n\n> > (1) The Chief Commissioner may by order published in the Gazette require all persons or specified classes of persons to furnish land tax returns for a specified year or years or for a specified year and each subsequent year.\n> \n> > (1A) Every person subject to such a requirement in force in respect of a year shall furnish a land tax return to the Chief Commissioner on or before 31 January in that year.\n> \n> > (1B) A land tax return required to be furnished by a person must—\n> > \n> > > (a) set out a full and complete statement of all land owned by the person at midnight on 31 December in the previous year, and\n> > \n> > > (b) set out, or be accompanied by, any information, as to the following, that may be required to complete the return—\n> > > \n> > > > (i) the person’s land ownership,\n> > > \n> > > > (ii) the eligibility of the land for an exemption from land tax or for a reduction in the taxable value of the land.\n> \n> > (1C) If land is the subject of a trust, the land tax return must also—\n> > \n> > > (a) set out, or be accompanied by, such information in relation to the trust and the beneficiaries of the trust as may be required to complete the return, and\n> > \n> > > (b) state the trustee’s opinion as to whether the trust is a special trust.\n> \n> > (1D) If 2 or more trustees are legal owners of the land that is the subject of the trust, the return is to be lodged jointly by those trustees.\n> \n> > (2) The Chief Commissioner may at any time require any person to furnish a return or a further and fuller return setting forth a full and complete statement of all or any land owned by the person, or in respect of which the person is agent or trustee, at midnight on the thirty-first day of December in any year including the year one thousand nine hundred and seventy-three or at midnight on the thirty-first day of October in any preceding year, with such other particulars as the Chief Commissioner requires, and whether or not any return has previously been made by that person in respect of land owned by the person, or in respect of which the person is agent or trustee, on that date.\n> \n> > (3) All the provisions of this Act shall extend and apply to any return made or required in accordance with subsection (2).\n> \n> **s 12:** Am 1973 No 70, sec 3 (d); 1983 No 14, Sch 1 (5); 1988 No 128, Sch 1 (7); 1996 No 98, Sch 1.3 \\[6\\] \\[7\\]; 2002 No 108, Sch 2.2 \\[18\\]; 2017 No 33, Sch 2.3 \\[1\\].","sortOrder":42},{"sectionNumber":"13","sectionType":"section","heading":null,"content":"#### 13\n\n13 (Repealed)","sortOrder":43},{"sectionNumber":"14","sectionType":"section","heading":"Assessments to be made","content":"#### 14 Assessments to be made\n\n14 Assessments to be made\n\n> > (1) Subject to this Act and the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097), the Chief Commissioner shall from the returns and from any other information in the Commissioner’s possession or from any one or both of those sources, and whether any return has been furnished or not, cause an assessment to be made of the taxable value of the land owned by any taxpayer and of the land tax payable thereon.\n> \n> > (2) An assessment can be made even if the time for lodging returns has not yet expired.\n> \n> **s 14:** Am 1983 No 14, Sch 1 (5); 1990 No 88, Sch 1 (11); 1996 No 98, Sch 1.3 \\[9\\].","sortOrder":45},{"sectionNumber":"15","sectionType":"section","heading":"Notice of assessment to contain certain matters","content":"#### 15 Notice of assessment to contain certain matters\n\n15 Notice of assessment to contain certain matters\n\n> A notice of assessment under section 14 of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097) in relation to land tax must include a statement as to the taxable value of the land, together with such information as to the amounts determined under the [Valuation of Land Act 1916](/view/html/inforce/current/act-1916-002) as to—\n> \n> > (a) the land value (or other relevant value) of the land, and\n> \n> > (b) any allowances or apportionment factors relevant to the land,\n> \n> from which the taxable value of the land has been derived.\n> \n> **s 15:** Am 1983 No 14, Sch 1 (5). Rep 1996 No 98, Sch 1.3 \\[10\\]. Ins 2000 No 106, Sch 3 \\[6\\].","sortOrder":46},{"sectionNumber":"16","sectionType":"section","heading":null,"content":"#### 16\n\n16–19 (Repealed)","sortOrder":47},{"sectionNumber":"20","sectionType":"section","heading":"Holder of limited estate taken to be owner","content":"#### 20 Holder of limited estate taken to be owner\n\n20 Holder of limited estate taken to be owner\n\n> > (1) The following persons are taken to be owners of land and are to be assessed for land tax accordingly—\n> > \n> > > (a) the owner of any freehold estate in land less than the fee-simple (a limited estate),\n> > \n> > > (b) any person entitled to an estate in the land in reversion or remainder.\n> \n> > (2) For that purpose—\n> > \n> > > (a) the owner of the limited estate is taken to be the primary taxpayer, and\n> > \n> > > (b) the person entitled to an estate in the land in reversion or remainder is taken to be the secondary taxpayer, and\n> > \n> > > (c) there is to be deducted from the land tax payable by the secondary taxpayer in respect of the land such amount (if any) as is necessary to prevent double taxation.\n> \n> > (3) If the limited estate is a life estate, the life tenant under the life estate is taken to be an owner of the land to the exclusion of any person entitled to an estate in the land in reversion or remainder, but only if—\n> > \n> > > (a) the life estate was created by the express terms of a will (and not by the exercise of a discretion conferred by a will), and\n> > \n> > > (b) the duration of the life estate is based on the life of the tenant and not the life of some other person.\n> \n> > (4) This section does not apply if the limited estate is a freehold estate arising by virtue of a lease for life under a lease or an agreement for lease.\n> \n> **s 20:** Subst 2014 No 19, Sch 2 \\[9\\].","sortOrder":49},{"sectionNumber":"21","sectionType":"section","heading":"Conditional purchases etc","content":"#### 21 Conditional purchases etc\n\n21 Conditional purchases etc\n\n> Any person to whom the Crown has contracted to transfer the fee-simple in any land under the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058) or under any other Act relating to the alienation or disposal of lands of the Crown, and any person who under any such Act holds land under a lease from the Crown in perpetuity, shall be deemed to be the owner of the land in fee-simple.\n> \n> **s 21:** Am 1980 No 196, Sch 1; 2017 No 17, Sch 4.47.","sortOrder":50},{"sectionNumber":"21A","sectionType":"section","heading":"Company title units taken to be lots","content":"#### 21A Company title units taken to be lots\n\n21A Company title units taken to be lots\n\n> > (1) This section applies to land if—\n> > \n> > > (a) the land is owned by a company in which all the issued shares are owned by persons each of whom, because of that share ownership, has an exclusive right to occupy a part of a building on the land or one of 2 or more buildings on the land, and\n> > \n> > > (b) the Chief Commissioner is satisfied that the whole of the land is reasonably used in connection with the occupation of the building or buildings.\n> \n> > (2) For the purposes of assessing land tax in respect of land to which this section applies—\n> > \n> > > (a) each shareholder is deemed to be the owner of that part of the building or that building that the shareholder is entitled to occupy because of that share ownership, and\n> > \n> > > (b) each such part of the building, or each such building, is deemed to be a lot in a freehold strata scheme under the [Strata Schemes Development Act 2015](/view/html/inforce/current/act-2015-051), and\n> > \n> > > (c) the company is not to be regarded as the owner of the land.\n> \n> > (3) For the purposes of the application of section 9B to and in respect of a part of a building, or a building, deemed by this section to be a lot, the proportion that the unit entitlement of that lot bears to the aggregate unit entitlement is—\n> > \n> > > (a) unless paragraph (b) applies, the proportion that the deemed owner’s shareholding in respect of the lot bears to the total issued share capital of the company, or\n> > \n> > > (b) if the Chief Commissioner is not satisfied as to the fairness and reasonableness of the proportion obtained in accordance with paragraph (a), the proportion arrived at by the Chief Commissioner on a redetermination in accordance with subsection (4).\n> \n> > (4) The Chief Commissioner’s redetermination is to be by reference to—\n> > \n> > > (a) the proportion that the floor area of the deemed lot bears to the total floor area that is separately occupied, or capable of being used for separate occupation, in the building, or\n> > \n> > > (b) in the case of an entitlement to occupy one of 2 or more buildings, the proportion that the floor area of the deemed lot bears to the total floor area that is separately occupied, or capable of being used for separate occupation, in all of those buildings.\n> \n> > (5) This section applies to land tax payable in respect of the year commencing on 1 January 1991 and any succeeding year.\n> \n> **s 21A:** Ins 1990 No 88, Sch 1 (5). Am 1994 No 72, Sch 2 (4); 1996 No 139, Sch 2.20 \\[9\\] (am 1997 No 55, Sch 1.18 \\[1\\]); 1997 No 37, Sch 3 \\[11\\]; 2000 No 51, Sch 3 \\[3\\]–\\[8\\]; 2006 No 50, Sch 3 \\[8\\]; 2015 No 51, Sch 9.12 \\[3\\] \\[4\\].","sortOrder":51},{"sectionNumber":"21B","sectionType":"section","heading":"Joint owners of block of flats deemed to be owners of lots","content":"#### 21B Joint owners of block of flats deemed to be owners of lots\n\n21B Joint owners of block of flats deemed to be owners of lots\n\n> > (1) This section applies to land if—\n> > \n> > > (a) the land is owned by joint owners, and\n> > \n> > > (b) the ownership of an interest in the jointly owned land gives the owner an exclusive right to occupy part of a building on the land (whether jointly with one or more of the co-owners or not), and\n> > \n> > > (c) part or all of the building comprises at least one flat, and\n> > \n> > > (d) the Chief Commissioner is satisfied that the whole of the land is reasonably used in connection with the occupation of the building.\n> \n> > (2) For the purposes of assessing land tax in respect of land to which this section applies—\n> > \n> > > (a) each part of a building in which such an exclusive right of occupancy exists is deemed to be a separate parcel (the notional parcel), and\n> > \n> > > (b) each person who has that exclusive right of occupancy is deemed to be the owner (or the persons who jointly have that exclusive right of occupancy are deemed to be joint owners) of the notional parcel, and\n> > \n> > > (c) each such notional parcel is deemed to be a lot in a freehold strata scheme under the [Strata Schemes Development Act 2015](/view/html/inforce/current/act-2015-051), and\n> > \n> > > (d) section 27 does not apply to the joint ownership of the whole of the land but does apply to the joint ownership (if applicable) of each notional parcel.\n> \n> > (3) For the purposes of the application of section 9B to and in respect of a notional parcel that under this section is deemed to be a lot, the proportion that the unit entitlement of that lot bears to the aggregate unit entitlement is—\n> > \n> > > (a) unless paragraph (b) applies, the proportion represented by the owner’s or joint owners’ interest in the land, or\n> > \n> > > (b) if the Chief Commissioner is not satisfied as to the fairness and reasonableness of the proportion obtained in accordance with paragraph (a), the proportion arrived at by the Chief Commissioner on a redetermination in accordance with subsection (4).\n> \n> > (4) The Chief Commissioner’s redetermination is to be by reference to the proportion that the floor area of the notional parcel concerned bears to the total floor area that is separately occupied, or is capable of being used for separate occupation, on the land.\n> \n> **s 21B:** Ins 1991 No 47, Sch 1 (10). Am 1994 No 72, Sch 2 (5); 1995 No 99, Sch 2.9 \\[1\\]; 1996 No 139, Sch 2.20 \\[10\\] (am 1997 No 55, Sch 2.18 \\[1\\]); 1997 No 37, Sch 3 \\[12\\]; 2006 No 50, Sch 3 \\[8\\]; 2015 No 51, Sch 9.12 \\[5\\] \\[6\\].","sortOrder":52},{"sectionNumber":"21C","sectionType":"section","heading":"Liability of lessees of land owned by Crown or local government bodies","content":"#### 21C Liability of lessees of land owned by Crown or local government bodies\n\n21C Liability of lessees of land owned by Crown or local government bodies\n\n> > (1) The Crown, a local council, a county council or a joint organisation is not liable for land tax in respect of land it owns (except as specifically provided by Part 3).\n> \n> > (2) A lessee (other than a sub-lessee) of land or part of land owned by the Crown, a local council, a county council or a joint organisation is for land tax purposes deemed to be the owner of a parcel of land (the notional parcel) consisting of the land or part leased. The Crown, local council, county council or joint organisation is then not to be considered owner of the notional parcel.\n> \n> > (3) If there are joint lessees, they are deemed to be joint owners of the notional parcel.\n> \n> > (4) For the purposes of determining the lessee’s land tax liability when the notional parcel consists of a part of land, the land value of the notional parcel is the land value of the entire parcel multiplied by the apportionment factor.\n> \n> > (4A) For the purposes of this section, the apportionment factor is the proportion that the rental value of the notional parcel bears to the rental value of the entire parcel.\n> \n> > (4B) The Chief Commissioner may request the Valuer-General to determine the land value of the notional parcel.\n> \n> > (4BA) If a request is made under subsection (4B)—\n> > \n> > > (a) the Valuer-General must determine the land value of the notional parcel, and\n> > \n> > > (b) the land value so determined is, subject to subsection (4C), the value of the notional parcel for land tax purposes, and is to be entered in the Register accordingly.\n> \n> > (4BB) For the purpose of determining the average value of the notional parcel under section 9AA, if the notional parcel was not leased on 31 December immediately before either or both of the preceding land tax years (within the meaning of section 9AA (1)), the average value of the notional parcel is to be determined as provided for by section 9AA (7) (as if the notional parcel did not exist on the date or dates of 31 December on which it was not leased).\n> \n> > (4C) Part 3 (Notices and objections) and Part 4 (Appeals to Land and Environment Court) of the [Valuation of Land Act 1916](/view/html/inforce/current/act-1916-002) apply in respect of the apportionment factor determined under subsection (4BA) in the same way as those Parts apply in respect of a valuation under that Act.\n> \n> > (5) In this section, part of land includes a building on land and part of a building on land.\n> \n> > (6) This section does not apply to the following leases—\n> > \n> > > (a) a lease or a lease of a class prescribed as exempt from this section,\n> > \n> > > (b) a lease to which section 21 applies,\n> > \n> > > (c) a lease of land from the Crown entered into or renewed before 1 January 1987 the terms of which relating to rental payable have not been varied since that date,\n> > \n> > > (d) a lease of land from a local council, a county council or a joint organisation entered into or renewed before 1 January 1991 the terms of which relating to rental payable have not been varied since that date,\n> > \n> > > (e) a lease of land in respect of which the Crown is liable for land tax (otherwise than under section 21CB),\n> > \n> > > (f) a lease the term of which (including any term available under an option) is less than 12 months,\n> > \n> > > (g) a lease in respect of which the lessee is the Crown, a local council, a county council or a joint organisation,\n> > \n> > > (h) a lease of land on any part of the Island under the [Lord Howe Island Act 1953](/view/html/inforce/current/act-1953-039).\n> \n> > (7) This section is taken to have applied on and from 31 December 1988 to land owned by the Crown.\n> \n> **s 21C:** Ins 1991 No 47, Sch 1 (15). Am 1992 No 84, Schs 1 (5), 2 (5); 1994 No 48, Sch 5 (6); 1995 No 98, Sch 4 \\[2\\]; 1995 No 99, Sch 2.9 \\[2\\] \\[3\\]; 2002 No 108, Sch 2.2 \\[19\\]–\\[21\\]; 2006 No 50, Sch 3 \\[9\\] \\[10\\]; 2006 No 87, Sch 2 \\[8\\]; 2009 No 51, Sch 4 \\[1\\]; 2017 No 11, Sch 2 \\[2\\]; 2017 No 65, Sch 2.17 \\[2\\] \\[3\\].","sortOrder":53},{"sectionNumber":"21CA","sectionType":"section","heading":"Government lessor to notify lessee of land tax liability","content":"#### 21CA Government lessor to notify lessee of land tax liability\n\n21CA Government lessor to notify lessee of land tax liability\n\n> > (1) A Government entity that enters into a lease of land owned by the Government entity must give the lessee a land tax disclosure statement, in writing, before the lessee enters into the lease.\n> \n> > (2) A land tax disclosure statement is a statement that advises the lessee that the lessee will be liable for land tax in respect of the land during the term of the lease if land tax is payable on the land.\n> \n> > (3) Without limiting subsection (2), a land tax disclosure statement may be made—\n> > \n> > > (a) in the terms of the lease, or\n> > \n> > > (b) as part of a disclosure statement for the lease that is given to the lessee before the lease is entered into.\n> \n> > (4) A lessee enters into a lease when any of the following occurs (whichever happens first)—\n> > \n> > > (a) the lessee executes the lease,\n> > \n> > > (b) the lessee enters into possession of the land under the lease,\n> > \n> > > (c) the lessee begins to pay rent under the lease.\n> \n> > (5) The renewal of a lease is considered to be entry into a new lease for the term of the renewal.\n> \n> > (6) The onus is on a Government entity to establish that it gave a land tax disclosure statement to a lessee before the lessee entered into the lease.\n> \n> > (7) A Government entity that enters into a lease of land owned by the Government entity and that fails to comply with this section is a non-complying lessor for any land tax on the land that becomes payable during the term of the lease.\n> > \n> > Note.\n> > \n> > See section 21CB, which enables the Chief Commissioner to recover the land tax from the non-complying lessor if the lessee fails to pay the land tax.\n> \n> > (8) This section applies to a lease only if the lessee under the lease is considered to be the owner of the land for land tax purposes because of section 21C.\n> \n> > (9) In this section—\n> > \n> > Government entity means the Crown, a local council or any other entity not liable for land tax in respect of land it owns under section 21C.\n> \n> **s 21CA:** Ins 2017 No 11, Sch 2 \\[3\\].","sortOrder":54},{"sectionNumber":"21CB","sectionType":"section","heading":"Recovery of land tax from non-complying lessor","content":"#### 21CB Recovery of land tax from non-complying lessor\n\n21CB Recovery of land tax from non-complying lessor\n\n> > (1) If a lessee of land fails to pay a land tax amount in accordance with a notice of assessment issued by the Chief Commissioner, and there is a non-complying lessor for the land tax to which the assessment relates, the Chief Commissioner may serve a notice on the non-complying lessor notifying the lessor that—\n> > \n> > > (a) the lessee has failed to pay the land tax amount, and\n> > \n> > > (b) if the land tax amount is not paid by the date specified in the notice, the lessor will be liable for the land tax amount.\n> \n> > (2) The date specified must be at least 21 days after service of the notice.\n> \n> > (3) If the land tax amount is not paid by the date specified in the notice, the non-complying lessor is jointly and severally liable with the lessee to pay the land tax amount.\n> \n> > (4) A non-complying lessor that is liable to pay a land tax amount under this section is entitled to be indemnified by the lessee for any payments made by the non-complying lessor to the Chief Commissioner to discharge liability for the land tax amount.\n> \n> > (5) This section applies to a non-complying lessor that is a council despite section 741 of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> \n> > (6) In this section—\n> > \n> > land tax amount means—\n> > \n> > > (a) the amount of land tax that a lessee has been assessed as being liable to pay, as set out in a notice of assessment issued to the lessee, and\n> > \n> > > (b) any interest or penalty tax payable in respect of that amount of tax.\n> > \n> > lessee includes a former lessee.\n> > \n> > non-complying lessor has the meaning given by section 21CA.\n> \n> **s 21CB:** Ins 2017 No 11, Sch 2 \\[3\\].","sortOrder":55},{"sectionNumber":"21D","sectionType":"section","heading":"Liability of lessees of leasehold strata lots","content":"#### 21D Liability of lessees of leasehold strata lots\n\n21D Liability of lessees of leasehold strata lots\n\n> > (1) The lessee of land that is a leasehold strata lot is taken to be the owner of the leasehold strata lot for land tax purposes. The lessor of the lot is not to be considered to be the owner of the lot (unless the lessor is the lessee for the purposes of the [Strata Schemes Development Act 2015](/view/html/inforce/current/act-2015-051)).\n> \n> > (2) Accordingly, the lessee is liable for any land tax payable in respect of the leasehold strata lot.\n> \n> > (3) If there are joint lessees, they are deemed to be joint owners of the leasehold strata lot.\n> \n> > (4) This section does not apply in respect of land to which section 21C applies (land owned by the Crown, a local council, a county council or a joint organisation).\n> \n> > (5) In this section—\n> > \n> > leasehold strata lot means a lot in a leasehold strata scheme within the meaning of the [Strata Schemes Development Act 2015](/view/html/inforce/current/act-2015-051).\n> > \n> > lessee, in relation to a leasehold strata lot, means an owner, within the meaning of the [Strata Schemes Development Act 2015](/view/html/inforce/current/act-2015-051), of the lot.\n> > \n> > lessor means a lessor within the meaning of the [Strata Schemes Development Act 2015](/view/html/inforce/current/act-2015-051).\n> \n> **s 21D:** Ins 1999 No 52, Sch 2.1 \\[3\\]. Am 2015 No 51, Sch 9.12 \\[7\\] \\[8\\]; 2017 No 65, Sch 2.17 \\[4\\].","sortOrder":56},{"sectionNumber":"22","sectionType":"section","heading":"Mortgagees","content":"#### 22 Mortgagees\n\n22 Mortgagees\n\n> No deduction from the land value of any land shall be allowed in respect of any mortgage, or in respect of any unpaid purchase money; and a mortgagor or person who holds land subject to payment of any unpaid purchase money shall be assessed and liable for land tax as if he or she were the owner of an unencumbered estate.\n> \n> **s 22:** Am 1981 No 119, Sch 1; 1985 No 147, Sch 1 (2); 1992 No 84, Sch 1 (5).","sortOrder":57},{"sectionNumber":"23","sectionType":"section","heading":"Mortgages","content":"#### 23 Mortgages\n\n23 Mortgages\n\n> > (1) A mortgagee or other person owning any estate or interest in land by way of security for money shall not be liable to land tax in respect of that mortgage, estate or interest—\n> > \n> > Provided that a mortgagee in possession of land, or any other person in possession of land by way of security for money shall, so long as such possession continues (though not to the exclusion of the liability of any other person) be deemed to be the owner of the land; and the mortgagor shall be deemed to be the primary taxpayer, and the mortgagee in possession to be the secondary taxpayer; and there shall be deducted from the land tax payable by the latter in respect of the land such amount (if any) as is necessary to prevent double taxation—\n> > \n> > Provided further that the foregoing proviso shall not apply—\n> > \n> > > (a) to any mortgagee or person in possession whose possession began before the first day of November one thousand nine hundred and fifty-six until a period of three years has elapsed since that date, or\n> > \n> > > (b) to any mortgagee or person in possession whose possession began on or after the first day of November one thousand nine hundred and fifty-six until a period of three years after he or she has entered into possession.\n> \n> > (2) For the purposes of this section a mortgagee in possession shall include a mortgagee of land who is using such land, or who is in receipt of the rents or profits of such land, or who is in receipt of the income from any business carried on on such land, or who has appointed a receiver of the rents or profits of such land.\n> \n> > (3) Nothing in this section affects section 46.\n> \n> **s 23:** Am 1983 No 171, Sch 1 (5).","sortOrder":58},{"sectionNumber":"24","sectionType":"section","heading":"Trustees","content":"#### 24 Trustees\n\n24 Trustees\n\n> Any person in whom land is vested as a trustee shall be assessed and liable in respect of land tax as if he or she were beneficially entitled to the land—\n> \n> Provided that where he or she is the owner of different lands in severalty, in trust for different persons who are not for any reason liable to be jointly assessed, the land tax so payable by the person shall be separately assessed in respect of each of those lands—\n> \n> Provided also that when a trustee is also the beneficial owner of other land, he or she shall be separately assessed for that land, and for the land of which he or she is a trustee, unless for any reason he or she is liable to be jointly assessed independently of this section.","sortOrder":59},{"sectionNumber":"25","sectionType":"section","heading":"Equitable owner","content":"#### 25 Equitable owner\n\n25 Equitable owner\n\n> > (1) The owner of any equitable estate or interest in land is liable in respect of land tax as if he or she were the legal owner of the estate or interest and land tax is to be assessed accordingly.\n> \n> > (2) For that purpose—\n> > \n> > > (a) the owner of the legal estate is taken to be the primary taxpayer and the owner of the equitable estate is taken to be the secondary taxpayer, and\n> > \n> > > (b) there is to be deducted from the land tax payable by the secondary taxpayer in respect of the land such amount (if any) as is necessary to prevent double taxation.\n> \n> > (3) This section does not apply in respect of land that is subject to a special trust.\n> \n> > (4) This section is subject to the other provisions of this Act, in particular sections 25A and 26.\n> \n> **s 25:** Subst 2001 No 96, Sch 2.2 \\[10\\]. Am 2002 No 108, Sch 2.2 \\[22\\].","sortOrder":60},{"sectionNumber":"25A","sectionType":"section","heading":"Classification of trust as special trust","content":"#### 25A Classification of trust as special trust\n\n25A Classification of trust as special trust\n\n> > (1) If land is subject to a trust, the Chief Commissioner may classify the trust as a special trust for land tax purposes—\n> > \n> > > (a) on the application of the trustee of the trust, or\n> > \n> > > (b) on the Chief Commissioner’s own motion.\n> \n> > (2) Without limiting subsection (1) (b), the Chief Commissioner may classify a trust as a special trust in relation to a land tax year if any information required to be provided for that land tax year in relation to the trust, the land that is the subject of the trust or the beneficiaries of the trust is not provided as required under this Act.\n> \n> > (3) A classification of a trust as a special trust that is made on the application of the trustee of a trust has effect in respect of any assessment of land tax liability (being an initial assessment of land tax liability) that is made on or after the date on which the trust is classified as a special trust, and does not affect any assessment of land tax liability made before that classification.\n> \n> > (4) However, if an application for classification of a trust as a special trust is duly made by the trustee within the period allowed for the lodging of an objection to a notice of assessment of land tax liability (being a notice that relates to an initial assessment of land tax liability)—\n> > \n> > > (a) the classification of the trust as a special trust is taken to extend to the land tax year in respect of which that notice of assessment was issued, and\n> > \n> > > (b) liability for that land tax is to be re-assessed accordingly.\n> \n> > (5) The Chief Commissioner may revoke the classification of a trust as a special trust—\n> > \n> > > (a) on the application of the trustee of the trust, or\n> > \n> > > (b) on the Chief Commissioner’s own motion.\n> \n> > (6) The Chief Commissioner must revoke the classification of a trust as a special trust if the trust was classified as a special trust on the application of the trustee and an application for revocation is duly made by the trustee of the trust.\n> \n> > (7) A revocation of a classification that is made on the application of the trustee of a trust has effect in respect of any assessment of land tax liability (being an initial assessment of land tax liability) that is made on or after the date on which the classification is revoked, and does not affect any assessment of land tax liability that was made before that revocation.\n> \n> > (8) However, if an application for revocation is duly made by the trustee within the period allowed for the lodging of an objection to a notice of assessment of land tax liability (being an initial assessment of land tax liability), and the Chief Commissioner revokes the classification—\n> > \n> > > (a) the revocation is taken to extend to the land tax year in respect of which that notice of assessment was issued, and\n> > \n> > > (b) liability for land tax is to be re-assessed accordingly.\n> \n> > (9) An application under this section is to be made in a form approved by the Chief Commissioner, and is to include such supporting information as the Chief Commissioner requires.\n> \n> > (10) The Chief Commissioner may, despite anything to the contrary in this section—\n> > \n> > > (a) reject any application under this section if it is made in contravention of the trust or trust deed that declares the trust concerned, and\n> > \n> > > (b) reject any application for revocation of the classification of a trust as a special trust if any information required to be provided in relation to the trust, the land that is the subject of the trust or the beneficiaries of the trust has not been provided as required under this Act or the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097), and\n> > \n> > > (c) assess or re-assess any land tax liability for land the subject of a trust that is not a fixed trust on the basis of the trust being a special trust, including land tax liability in respect of land tax years that commenced or occurred before the trust was classified as a special trust.\n> \n> > (11) In this section—\n> > \n> > fixed trust has the meaning given by section 3A.\n> \n> **s 25A:** Ins 2001 No 96, Sch 2.2 \\[10\\]. Subst 2002 No 108, Sch 2.2 \\[23\\]. Am 2010 No 46, Sch 6 \\[8\\]–\\[11\\].","sortOrder":61},{"sectionNumber":"26","sectionType":"section","heading":"Purchaser and vendor","content":"#### 26 Purchaser and vendor\n\n26 Purchaser and vendor\n\n> > (1) If land under the provisions of the [Real Property Act 1900](/view/html/inforce/current/act-1900-025) is the subject of an agreement for sale that has not been completed by transfer of the land, the person who is registered as the proprietor of the land under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025) is taken, for the purposes of this Act, to be the owner of the land, to the exclusion of the liability of the purchaser.\n> \n> > (2) If land, not being land under the provisions of the [Real Property Act 1900](/view/html/inforce/current/act-1900-025), is the subject of an agreement for sale that has not been completed by conveyance of the land, the vendor of the land is taken, for the purposes of this Act, to be the owner of the land, to the exclusion of the liability of the purchaser.\n> \n> > (3) However, the purchaser under the agreement for sale is taken, for the purposes of this Act, to be the owner of the land (to the exclusion of the liability of the registered proprietor or vendor) if under the terms of the agreement for sale—\n> > \n> > > (a) the purchaser is entitled to receive, if the land is let to a tenant, any rents and profits derived from the tenancy, or\n> > \n> > > (b) the purchaser is entitled to exclusive possession of the land and has taken possession of the land.\n> \n> > (4) In this section—\n> > \n> > agreement for sale means an agreement for sale of land that is in force.\n> \n> **s 26:** Am 1983 No 14, Sch 1 (5); 1984 No 129, Sch 1 (2); 1994 No 48, Sch 5 (9). Subst 2001 No 96, Sch 2.2 \\[11\\]. Am 2010 No 46, Sch 6 \\[12\\].","sortOrder":62},{"sectionNumber":"27","sectionType":"section","heading":"Joint owners","content":"#### 27 Joint owners\n\n27 Joint owners\n\n> > (1) Joint owners of land shall be assessed and liable for land tax in accordance with the provisions of this section.\n> \n> > (2) Joint owners (except those of them whose interests are exempt from taxation under this Act) are to be jointly assessed and liable in respect of the aggregate value of their proportionate interests in the land as if the land were owned by one person, without regard to their respective interests therein and without taking into account any land owned by any one of them in severalty or as joint owner with any other person (but by excluding the proportionate value of the interest of any joint owner so exempt).\n> \n> > (2A) Where a joint owner of land is—\n> > \n> > > (a) a trustee under a special trust to which the land is subject, or\n> > \n> > > (b) a company classified under section 29 as a non-concessional company,\n> > \n> > no regard shall be had to the existence of the special trust or classification, as the case may be, in relation to the joint assessment and liability of the joint owners of the land as referred to in subsection (2), but regard shall be had to the existence of the special trust or classification, as the case may be, in relation to the separate assessment and liability of the joint owners as referred to in subsection (3).\n> \n> > (3) Each joint owner of land shall in addition be separately assessed and liable in respect of—\n> > \n> > > (a) his or her individual interest in the land (as if he or she were the owner of a part of the land in proportion to his or her interest), together with\n> > \n> > > (b) any other land owned by him or her in severalty, and\n> > \n> > > (c) his or her individual interests in any other land.\n> \n> > (3A) (Repealed)\n> \n> > (4) The joint owners in respect of their joint assessment shall be deemed to be the primary taxpayer, and each joint owner in respect of his or her separate assessment to be a secondary taxpayer; and from the land tax payable in respect of his or her interest in the land by each joint owner under subsection (3) there shall be deducted such amount (if any) as is necessary to prevent double taxation.\n> \n> > (5) A joint owner of land who is not otherwise exempt from taxation under this Act is not exempt merely because the person is a joint owner with the Commonwealth, and the person is to be assessed and liable under this section accordingly (with the interest of the Commonwealth being treated as the interest of a joint owner exempt from taxation under this Act).\n> \n> Note.\n> \n> See also Schedule 1AA in relation to family unit trusts.\n> \n> **s 27:** Am 1960 No 35, sec 2 (1) (b); 1963 No 40, sec 2 (c); 1969 No 69, sec 2 (d); 1973 No 70, sec 6; 1975 No 97, Sch 4; 1981 No 119, Sch 1; 1983 No 171, Sch 1 (6); 1984 No 129, Sch 1 (3); 1985 No 147, Sch 1 (2); 1985 No 215, Sch 1 (7); 1990 No 35, Sch 1 (5); 1991 No 47, Sch 1 (11); 2002 No 108, Sch 2.2 \\[24\\] \\[25\\]; 2006 No 87, Sch 2 \\[9\\]; 2009 No 51, Sch 4 \\[2\\] \\[3\\].","sortOrder":63},{"sectionNumber":"28","sectionType":"section","heading":null,"content":"#### 28\n\n28 (Repealed)","sortOrder":64},{"sectionNumber":"29","sectionType":"section","heading":"Related companies","content":"#### 29 Related companies\n\n29 Related companies\n\n> > (1) For the purposes of this section, 2 companies are related to each other—\n> > \n> > > (a) if one of those companies holds a controlling interest in the other company, or\n> > \n> > > (b) if the same person holds, or the same persons together hold, a controlling interest in both companies, or\n> > \n> > > (c) if—\n> > > \n> > > > (i) more than one-half of the issued share capital of one of those companies (in this paragraph referred to as the first company) is held by the other company (in this paragraph referred to as the second company) together with the shareholders of the second company, and\n> > > \n> > > > (ii) the proportion of the issued share capital of the second company held by shareholders of the first company is more than the difference between one-half and the proportion of the issued share capital of the first company held by the second company, or\n> > \n> > > (d) if one of those companies is related to a company to which the other of those companies is related (including a company which is related to the other of those companies by reason of another application or other applications of this paragraph).\n> \n> > (1A) A person holds, or persons together hold, a controlling interest in a company if—\n> > \n> > > (a) the person, or the persons acting together, can control the composition of the board of directors of the company, or\n> > \n> > > (b) the person is, or the persons acting together are, in a position to cast or control the casting of more than half of the maximum number of votes that might be cast at a general meeting of the company, or\n> > \n> > > (c) the person holds, or the persons acting together hold, more than half of the issued share capital of the company.\n> \n> > (2) For the purposes of determining whether companies are related, the following provisions apply—\n> > \n> > > (a) companies may be related to each other notwithstanding that those companies do not own land in New South Wales,\n> > \n> > > (a1) in subsections (1) (b) and (1A), person includes company,\n> > \n> > > (b) a reference to the issued share capital of a company does not include a reference to any part of that issued share capital that carries no right to participate beyond a specified amount in a distribution of either profits or capital,\n> > \n> > > (c) any shares held or power exercisable by a person or company as a trustee or a nominee for another person or company—\n> > > \n> > > > (i) are to be treated as held or exercisable by that other person or company, if the trust is a fixed trust, and\n> > > \n> > > > (ii) are to be treated as not held or exercisable by the trustee or nominee (whether or not the trust is a fixed trust),\n> > \n> > > (d) any shares held or power exercisable by a person or company by virtue of the provisions of any debentures of another company, or of a trust deed for securing any issue of any such debentures, shall be disregarded,\n> > \n> > > (e) any shares held or power exercisable by, or by a nominee for, any person or company (not being held or exercisable as mentioned in paragraph (d)) shall be treated as not held or exercisable by that person or company if the ordinary business of that person or company includes the lending of money and the shares are held or the power is exercisable only by way of security given for the purposes of a transaction entered into in the ordinary course of business in connection with the lending of money, not being a transaction entered into with a person associated with that person or company within the meaning of Division 2 of Part 1.2 of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth,\n> > \n> > > (f) without limiting by implication the circumstances in which the composition of a company’s board of directors is to be taken to be controlled by a person or another company, the composition of a company’s board of directors shall be taken to be controlled by a person or another company if that person or other company, by the exercise of some power exercisable whether with or without the consent or concurrence of any other person, can appoint or remove all or a majority of the directors.\n> \n> > (3) The Chief Commissioner, in assessing the land tax payable by companies that are related to each other and that own land in New South Wales—\n> > \n> > > (a) may assess—\n> > > \n> > > > (i) all those companies separately,\n> > > \n> > > > (ii) all those companies jointly, or\n> > > \n> > > > (iii) any 2 or more of those companies jointly and the remainder separately, and\n> > \n> > > (b) shall classify—\n> > > \n> > > > (i) 1 of those companies, or, where a joint assessment is made, the companies jointly assessed, as a concessional company, and\n> > > \n> > > > (ii) the remainder (if any) as non-concessional companies,\n> > \n> > and the companies shall be liable accordingly.\n> \n> > (4) Where 2 or more companies are jointly assessed under subsection (3), those companies shall, for the purposes of that assessment, be deemed to be a single company.\n> \n> > (5) Where 2 or more companies related to each other are liable for land tax (whether assessed separately or jointly), each company is liable jointly and severally to pay that tax.\n> \n> > (6) Section 45 of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097) applies to an amount payable under subsection (5).\n> \n> > (7) If a company is classified as a non-concessional company, the company, and each of the companies that are related to it, are members of the same group.\n> \n> **s 29:** Am 1983 No 14, Sch 1 (5). Subst 1983 No 171, Sch 1 (7). Am 1990 No 35, Sch 1 (4); 2000 No 105, Sch 3 \\[5\\] \\[6\\]; 2001 No 34, Sch 2.29; 2008 No 122, Sch 3.2 \\[1\\]; 2014 No 56, Sch 2 \\[1\\]–\\[7\\].","sortOrder":66},{"sectionNumber":"30","sectionType":"section","heading":null,"content":"#### 30\n\n30–32 (Repealed)","sortOrder":67},{"sectionNumber":"33","sectionType":"section","heading":"Deductions to prevent double taxation","content":"#### 33 Deductions to prevent double taxation\n\n33 Deductions to prevent double taxation\n\n> Where under this Act—\n> \n> > (a) any person is deemed to be the secondary taxpayer in respect of any land or interest, and\n> \n> > (b) it is provided that there shall be deducted from the land tax payable by the secondary taxpayer, in respect of the land or interest, such amount (if any) as is necessary to prevent double taxation,\n> \n> the amount of the deduction (if any) shall be the lesser of the following amounts—\n> \n> > (i) the amount of land tax payable in respect of the land or interest by the secondary taxpayer, or\n> \n> > (ii) the amount of land tax (if any) payable in respect of the land or interest by the primary taxpayer aggregated with the amount of land tax (if any) payable in respect of the land or interest by a precedent secondary taxpayer (if any)—\n> \n> Provided that the secondary taxpayer shall be assessed and liable in respect of the land or interest, notwithstanding that the primary taxpayer is exempt from taxation in respect of the land or interest, or that there is no primary taxpayer in respect of the land or interest.","sortOrder":69},{"sectionNumber":"34","sectionType":"section","heading":"Meaning of land tax payable in respect of certain land","content":"#### 34 Meaning of land tax payable in respect of certain land\n\n34 Meaning of land tax payable in respect of certain land\n\n> > (1) Where in this Act reference is made to the land tax payable by a person in respect of any land or interest, the reference is to so much of the whole land tax payable by the person as bears to the whole land tax payable by the person the proportion which the average value of the land or interest referred to bears to the average value of all the land (including any interest in land) owned by the person.\n> \n> > (2) (Repealed)\n> \n> **s 34:** Am 1981 No 119, Sch 1; 1985 No 147, Sch 1 (2); 1985 No 215, Sch 1 (8); 1990 No 35, Sch 1 (6); 1992 No 84, Sch 1 (5); 2006 No 50, Sch 3 \\[11\\].","sortOrder":70},{"sectionNumber":"Part 5","sectionType":"part","heading":null,"content":"# Part 5\n\nPart 5\n\n35–38D (Repealed)\n\n**pt 5:** Rep 2000 No 106, Sch 3 \\[7\\].\n\n**s 35:** Am 1981 No 119, Sch 1; 1983 No 14, Sch 1 (5); 1985 No 147, Sch 1 (4). Subst 1988 No 128, Sch 1 (9). Am 1989 No 222, Sch 2 (1); 1992 No 84, Schs 1 (9), 2 (6); 1996 No 98, Sch 1.3 \\[11\\]–\\[13\\]. Rep 2000 No 106, Sch 3 \\[7\\].\n\n**s 36:** Subst 1988 No 128, Sch 1 (9). Rep 1992 No 84, Sch 1 (10).\n\n**s 37:** Am 1983 No 14, Sch 1 (5). Subst 1988 No 128, Sch 1 (9). Am 1992 No 84, Sch 1 (11). Rep 1996 No 98, Sch 1.3 \\[14\\].\n\n**s 38:** Am 1987 No 48, Sch 32. Subst 1988 No 128, Sch 1 (9). Rep 1992 No 84, Sch 1 (12).\n\n**s 38A:** Ins 1988 No 128, Sch 1 (9). Subst 1989 No 222, Sch 2 (2). Am 1992 No 84, Sch 1 (13). Subst 1996 No 98, Sch 1.3 \\[15\\]. Rep 2000 No 106, Sch 3 \\[7\\].\n\n**s 38B:** Ins 1988 No 128, Sch 1 (9). Subst 1989 No 222, Sch 2 (2). Am 1992 No 84, Sch 1 (14). Rep 1996 No 98, Sch 1.3 \\[16\\].\n\n**s 38BA:** Ins 1989 No 222, Sch 2 (2). Am 1992 No 84, Sch 1 (15). Rep 1996 No 98, Sch 1.3 \\[16\\].\n\n**s 38BB:** Ins 1989 No 222, Sch 2 (2). Am 1992 No 84, Sch 1 (16). Rep 1996 No 98, Sch 1.3 \\[16\\].\n\n**s 38BC:** Ins 1989 No 222, Sch 2 (2). Am 1992 No 84, Sch 1 (17). Rep 1996 No 98, Sch 1.3 \\[16\\].\n\n**ss 38BD–38BF:** Ins 1989 No 222, Sch 2 (2). Rep 1996 No 98, Sch 1.3 \\[16\\].\n\n**s 38C:** Ins 1988 No 128, Sch 1 (9). Rep 1996 No 98, Sch 1.3 \\[16\\].\n\n**s 38D:** Ins 1988 No 128, Sch 1 (9). Rep 1996 No 98, Sch 1.3 \\[16\\].","sortOrder":71},{"sectionNumber":"Part 6","sectionType":"part","heading":"Collection and recovery of land tax","content":"# Part 6 Collection and recovery of land tax\n\nPart 6 Collection and recovery of land tax","sortOrder":72},{"sectionNumber":"39","sectionType":"section","heading":"Date for payment of land tax","content":"#### 39 Date for payment of land tax\n\n39 Date for payment of land tax\n\n> > (1) Land tax payable by a taxpayer is due and payable as required by the relevant notice of assessment served on the taxpayer concerned.\n> \n> > (2) (Repealed)\n> \n> > (3) No payment of land tax is required earlier than 30 days after service of the notice of assessment on the taxpayer.\n> \n> > (4), (5) (Repealed)\n> \n> **s 39:** Subst 1990 No 88, Sch 1 (12). Am 1996 No 98, Sch 1.3 \\[17\\].","sortOrder":73},{"sectionNumber":"40","sectionType":"section","heading":"Discount for early payment","content":"#### 40 Discount for early payment\n\n40 Discount for early payment\n\n> > (1) A person who pays land tax within 30 days after service of the notice of assessment of the land tax is entitled to a discount of the amount of land tax specified in the assessment excluding overdue land tax if—\n> > \n> > > (a) the whole of the amount specified in the assessment is paid, and\n> > \n> > > (b) no other liability in relation to land tax, interest or penalty tax is, at the time of payment, payable by the person to the Chief Commissioner (including a liability subject to objection, appeal or other dispute) or any such liability is paid in full when making the payment.\n> \n> > (2) The discount is to be at the rate determined by order of the Treasurer published in the Gazette. A rate may be determined in respect of assessments generally or in relation to assessments issued in a specified land tax year.\n> \n> > (3) This section has effect despite any other provision of this Act or the [Land Tax Act 1956](/view/html/inforce/current/act-1956-027).\n> \n> **s 40:** Am 1983 No 14, Sch 1 (5). Subst 1983 No 171, Sch 1 (8). Am 1990 No 88, Sch 1 (13); 1992 No 84, Sch 1 (18). Rep 1996 No 98, Sch 1.3 \\[18\\]. Ins 1999 No 10, Sch 4 \\[1\\].","sortOrder":74},{"sectionNumber":"41","sectionType":"section","heading":null,"content":"#### 41\n\n41–44 (Repealed)","sortOrder":75},{"sectionNumber":"45","sectionType":"section","heading":"Statutes of limitations","content":"#### 45 Statutes of limitations\n\n45 Statutes of limitations\n\n> No statute of limitations at any time in force shall bar or affect any action or remedy for recovery of land tax.","sortOrder":77},{"sectionNumber":"46","sectionType":"section","heading":"Remedy against other persons where taxpayer makes default","content":"#### 46 Remedy against other persons where taxpayer makes default\n\n46 Remedy against other persons where taxpayer makes default\n\n> > (1) Where a taxpayer makes a default in the payment of land tax then, without in any way releasing him or her from his or her liability, the following provisions shall apply as long as the default continues—\n> > \n> > > (a) If the land tax is payable in respect of land subject to any mortgage or lease or occupied by any person, then the mortgagee, lessee or occupier shall, upon being served with a notice by the Chief Commissioner requiring payment thereof, be responsible for the payment of the land tax, and it may be recovered from him or her as if he or she were the defaulting taxpayer.\n> > \n> > > (b) All payments made under this section by a mortgagee, lessee or occupier shall be deemed to be made on behalf of the defaulting taxpayer—\n> > \n> > Provided that the responsibility of the lessee or occupier under this section shall only be to the extent of any rent or payments due by him or her to the taxpayer at the time of the demand for payment made by the Chief Commissioner, or from time to time accruing due thereafter.\n> \n> > (2) Any payment to the Chief Commissioner under this section shall be a valid discharge to the lessee or occupier for such rent or payment due by the lessee or occupier to the taxpayer as against all other persons whomsoever.\n> \n> > (3) A reference in this section to a mortgagee includes a reference to a person owning an estate or interest in land by way of security for money.\n> \n> > (4) The Chief Commissioner may release a mortgagee, lessee or occupier from a liability under this section on payment of an amount that the Chief Commissioner estimates to be not less than the proportion of the land tax payable by the defaulting taxpayer in respect of the land mortgaged, leased or occupied.\n> \n> **s 46:** Am 1983 No 14, Sch 1 (5); 1983 No 171, Sch 1 (10); 1988 No 128, Sch 1 (10).","sortOrder":78},{"sectionNumber":"46A","sectionType":"section","heading":null,"content":"#### 46A\n\n46A (Repealed)","sortOrder":79},{"sectionNumber":"47","sectionType":"section","heading":"Land tax to be first charge on land","content":"#### 47 Land tax to be first charge on land\n\n47 Land tax to be first charge on land\n\n> > (1) Land tax shall until payment be a first charge upon the land taxed in priority over all other encumbrances whatever, and where the land taxed comprises two or more parcels the land tax payable on the land taxed shall be a first charge on each and every such parcel and notwithstanding any disposition of the land or any part thereof the land or part shall continue to be liable in the hands of any purchaser or holder for the payment of the land tax so long as it remains unpaid.\n> \n> > (1A) The Chief Commissioner—\n> > \n> > > (a) on the application of any person, and\n> > \n> > > (b) on payment of a fee determined by the Chief Commissioner (or the making of arrangements satisfactory to the Chief Commissioner for its payment),\n> > \n> > is to issue a certificate showing if there is any land tax charged on land the subject of the application.\n> > \n> > The Chief Commissioner may include in the certificate the land value of the land and average value of the land in relation to a specified land tax year.\n> \n> > (1AA) In relation to an application for a certificate—\n> > \n> > > (a) the application is to be in a form approved by the Chief Commissioner, and\n> > \n> > > (b) a separate application must be made for each parcel of land that is separately valued under the [Valuation of Land Act 1916](/view/html/inforce/current/act-1916-002) or otherwise separately valued for the purposes of land tax assessment, and\n> > \n> > > (c) the Chief Commissioner may require further information or evidence with respect to the land concerned, or to any other land owned by the owner of that land, before issuing the certificate.\n> \n> > (1B) The application fee for a certificate is to be paid in such manner as may be approved by the Chief Commissioner.\n> \n> > (1BA) The Chief Commissioner may determine—\n> > \n> > > (a) the means by which a certificate may be issued, including electronically, and\n> > \n> > > (b) the form of a certificate, including as a document or in an electronic form or a form that may be produced from an electronic message.\n> \n> > (1C) A certificate issued by the Chief Commissioner under this section is conclusive evidence of the matter certified against the Chief Commissioner and in favour of any person (whether or not the person is the person to whom the certificate was issued) except a person who—\n> > \n> > > (a) had notice, when the certificate was issued, of land tax charged on the land that the certificate failed to disclose, or\n> > \n> > > (b) was an owner of the land (other than a genuine purchaser for value who has not obtained possession of the land) when the certificate was issued.\n> \n> > (1D) If a certificate issued under this section (the original certificate) is conclusive evidence in favour of a person, the person is entitled, on application and payment of the prescribed fee under subsection (1A), to be issued with a certificate that is to the same effect as the original certificate and such a certificate is to be regarded as having been issued when the original certificate was issued.\n> \n> > (1E)–(1G) (Repealed)\n> \n> > (2) The Chief Commissioner may release the land taxed, or any part of the land, from the charge imposed by subsection (1)—\n> > \n> > > (a) on payment of an amount the Chief Commissioner estimates to be not less than the proportion of land tax referable to the land or part, or\n> > \n> > > (b) without payment of land tax if—\n> > > \n> > > > (i) the Chief Commissioner is satisfied that there is no significant risk that the land tax for which the charge is imposed will not be paid, and\n> > > \n> > > > (ii) a person who is or may become liable to pay the land tax is not in arrears in payment of any land tax.\n> \n> > (2A) Where any land sold under section 713 of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030) is liable to a charge under subsection (1), the Chief Commissioner may release the land from the charge on payment of that part of the proceeds of sale under sections 718 and 719 of that Act that is available to pay the land tax in respect of the land.\n> \n> > (3) The provisions of this section have effect despite anything contained in—\n> > \n> > > (a) section 34 or any other provision of this Act, or\n> > \n> > > (b) section 42 of the [Real Property Act 1900](/view/html/inforce/current/act-1900-025).\n> \n> > (4) Subsection (1) does not apply to land to which section 21A (Company title units taken to be strata lots) or section 21C (Liability of lessees of land owned by Crown or council) applies.\n> \n> **s 47:** Am 1963 No 40, sec 2 (d); 1968 No 62, sec 2 (d); 1983 No 14, Sch 1 (5); 1983 No 171, Sch 1 (11); 1986 No 186, Sch 2 (2); 1988 No 128, Sch 1 (11); 1989 No 222, Sch 3; 1990 No 35, Sch 1 (8); 1991 No 47, Sch 1 (16); 1994 No 48, Sch 5 (10); 1995 No 11, Sch 1.71 \\[3\\] \\[4\\]; 1997 No 41, Sch 2 \\[4\\]–\\[6\\]; 1999 No 10, Sch 4 \\[2\\]–\\[4\\]; 2000 No 51, Sch 3 \\[9\\]; 2002 No 53, Sch 1.11; 2006 No 50, Sch 3 \\[12\\]; 2009 No 17, Sch 3.11; 2009 No 51, Sch 4 \\[4\\].","sortOrder":81},{"sectionNumber":"48","sectionType":"section","heading":null,"content":"#### 48\n\n48, 49 (Repealed)","sortOrder":82},{"sectionNumber":"50","sectionType":"section","heading":"Functions of Hardship Review Board","content":"#### 50 Functions of Hardship Review Board\n\n50 Functions of Hardship Review Board\n\n> The Hardship Review Board constituted under the [State Debt Recovery Act 2018](/view/html/inforce/current/act-2018-011) may exercise its functions under that Act and the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097) in relation to land tax payable under this Act.\n> \n> **s 50:** Am 1975 No 97, Sch 5; 1983 No 14, Sch 1 (5); 1983 No 171, Sch 1 (12); 1992 No 84, Sch 2 (7); 1993 No 46, Sch 1; 1997 No 147, Sch 2.14. Subst 2000 No 105, Sch 3 \\[7\\]; 2018 No 11, Sch 3.8.","sortOrder":84},{"sectionNumber":"50A","sectionType":"section","heading":null,"content":"#### 50A\n\n50A (Repealed)","sortOrder":85},{"sectionNumber":"51","sectionType":"section","heading":"Definition of land tax for certain purposes of this Part","content":"#### 51 Definition of land tax for certain purposes of this Part\n\n51 Definition of land tax for certain purposes of this Part\n\n> For the purposes of sections 45, 46, 47 and 50, land tax includes interest and penalty tax imposed under section 72, or under section 47 or Part 5 of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097).\n> \n> **s 51:** Am 1983 No 14, Sch 1 (5). Subst 2000 No 105, Sch 3 \\[7\\].","sortOrder":87},{"sectionNumber":"52","sectionType":"section","heading":null,"content":"#### 52\n\n52, 53 (Repealed)","sortOrder":88},{"sectionNumber":"Part 7","sectionType":"part","heading":"Valuation of land","content":"# Part 7 Valuation of land\n\nPart 7 Valuation of land\n\n**pt 7:** Ins 1992 No 84, Sch 1 (19) (For information concerning this Part before the commencement of the Land Tax Management (Amendment) Act 1992, see the Historical table of amendments in the Legislative history).","sortOrder":90},{"sectionNumber":"Division 1","sectionType":"division","heading":null,"content":"## Division 1\n\nDivisions 1–2A\n\n54–62HE (Repealed)\n\n**pt 7, div 1:** Ins 1992 No 84, Sch 1 (19). Rep 2000 No 106, Sch 3 \\[8\\].\n\n**s 54:** Ins 1992 No 84, Sch 1 (19). Rep 2000 No 106, Sch 3 \\[8\\].\n\n**s 55:** Ins 1992 No 84, Sch 1 (19). Am 1994 No 48, Sch 5 (11). Rep 2000 No 106, Sch 3 \\[8\\].\n\n**s 56:** Ins 1992 No 84, Sch 1 (19). Am 1996 No 67, Sch 2 \\[1\\] \\[2\\]. Rep 2000 No 106, Sch 3 \\[8\\].\n\n**s 57:** Ins 1992 No 84, Sch 1 (19). Rep 2000 No 106, Sch 3 \\[8\\].\n\n**s 58:** Ins 1992 No 84, Sch 1 (19). Rep 2000 No 106, Sch 3 \\[8\\].\n\n**s 59:** Ins 1992 No 84, Sch 1 (19). Rep 1998 No 138, Sch 2.5 \\[1\\].\n\n**s 60:** Ins 1992 No 84, Sch 1 (19). Am 1998 No 138, Sch 2.5 \\[2\\]. Rep 2000 No 106, Sch 3 \\[8\\].\n\n**s 61:** Ins 1992 No 84, Sch 1 (19). Am 1994 No 48, Sch 5 (1). Rep 2000 No 106, Sch 3 \\[8\\].\n\n**s 61A:** Ins 1994 No 48, Sch 5 (2). Rep 2000 No 106, Sch 3 \\[8\\].\n\n**s 62:** Ins 1992 No 84, Sch 1 (19). Subst 1994 No 48, Sch 5 (3). Rep 2000 No 106, Sch 3 \\[8\\].\n\n**s 62A:** Ins 1992 No 84, Sch 1 (19). Rep 2000 No 106, Sch 3 \\[8\\].\n\n**pt 7, div 2:** Ins 1992 No 84, Sch 1 (19). Rep 2000 No 106, Sch 3 \\[8\\].\n\n**ss 62B–62G:** Ins 1992 No 84, Sch 1 (19). Rep 2000 No 106, Sch 3 \\[8\\].\n\n**s 62H:** Ins 1992 No 84, Sch 1 (19). Am 1996 No 98, Sch 1.3 \\[20\\]. Rep 2000 No 106, Sch 3 \\[8\\].\n\n**pt 7, div 2A:** Ins 1994 No 48, Sch 5 (4). Rep 2000 No 106, Sch 3 \\[8\\].\n\n**ss 62HA–62HD:** Ins 1994 No 48, Sch 5 (4). Rep 2000 No 106, Sch 3 \\[8\\].\n\n**s 62HE:** Ins 1994 No 48, Sch 5 (4). Am 1996 No 98, Sch 1.3 \\[21\\]. Rep 2000 No 106, Sch 3 \\[8\\].","sortOrder":91},{"sectionNumber":"Division 3","sectionType":"division","heading":"Unutilised value allowances","content":"## Division 3 Unutilised value allowances\n\nDivision 3 Unutilised value allowances\n\n**pt 7, div 3:** Ins 1992 No 84, Sch 1 (19).","sortOrder":92},{"sectionNumber":"62I","sectionType":"section","heading":"Purpose and interpretation of Division","content":"#### 62I Purpose and interpretation of Division\n\n62I Purpose and interpretation of Division\n\n> > (1) This Division applies for the purposes of section 9A (Concession for unutilised land value).\n> \n> > (2) Expressions used in this Division have the same meanings as in Division 2 of Part 8 of Chapter 15 of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030), except to the extent that such a meaning would be inconsistent with the meaning given by this Act.\n> \n> **s 62I:** Ins 1992 No 84, Sch 1 (19). Am 1995 No 11, Sch 1.71 \\[5\\]; 2001 No 96, Sch 2.2 \\[13\\].","sortOrder":93},{"sectionNumber":"62J","sectionType":"section","heading":"Land that is eligible to have unutilised value ascertained","content":"#### 62J Land that is eligible to have unutilised value ascertained\n\n62J Land that is eligible to have unutilised value ascertained\n\n> > (1) Land is eligible to have an unutilised value allowance ascertained for its land value as at 1 July in a year if it satisfies the description in either of the following paragraphs as at midnight on 30 June in that year—\n> > \n> > > (a) a parcel of land used or occupied solely as the site of a single dwelling-house and which is, under an environmental planning instrument, zoned or otherwise designated for use for the purposes of industry, commerce or the erection of residential flat buildings,\n> > \n> > > (b) a parcel of land (which may comprise one or more lots or portions in a current plan within the meaning of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006)) used or occupied solely as the site of a single dwelling-house and which is, under an environmental planning instrument, zoned or otherwise designated, so as to permit its subdivision for residential purposes.\n> > \n> > > (c) (Repealed)\n> \n> > (2) (Repealed)\n> \n> **s 62J:** Ins 1992 No 84, Sch 1 (19). Am 1994 No 48, Sch 5 (12); 1997 No 152, Sch 4.20 \\[1\\]; 2000 No 106, Sch 3 \\[9\\] \\[10\\]; 2023 No 18, Sch 4\\[3\\].","sortOrder":94},{"sectionNumber":"62K","sectionType":"section","heading":"Unutilised value allowance to be ascertained on application of owner","content":"#### 62K Unutilised value allowance to be ascertained on application of owner\n\n62K Unutilised value allowance to be ascertained on application of owner\n\n> > (1) The owner of land may apply to the Chief Commissioner for an unutilised value allowance to be ascertained for the land value of the land. The application must be in the form required by the Chief Commissioner and be accompanied by such supporting information as the Chief Commissioner may request.\n> \n> > (1A) If satisfied that the land to which such an application relates satisfies the description in any of the paragraphs of section 62J (1), the Chief Commissioner must refer the application to the Valuer-General for determination of an unutilised value allowance.\n> \n> > (2) The Valuer-General must then ascertain the allowance if the land is eligible to have that allowance ascertained.\n> \n> > (3) An allowance ascertained by the Valuer-General under this Division is to be entered by the Valuer-General in the Register in respect of the land value to which it relates and is to be shown in any assessment to which it is applicable.\n> \n> **s 62K:** Ins 1992 No 84, Sch 1 (19). Am 2000 No 106, Sch 3 \\[11\\] \\[12\\].","sortOrder":95},{"sectionNumber":"62L","sectionType":"section","heading":"How unutilised value allowance is ascertained","content":"#### 62L How unutilised value allowance is ascertained\n\n62L How unutilised value allowance is ascertained\n\n> > (1) The unutilised value allowance for a land value is the amount calculated by deducting from the land value of the land the value that the land would have if it could be used only as the site of a single dwelling-house.\n> \n> > (2) However, no account is to be taken of any portion of the land which is in excess of that which is reasonably necessary to be occupied or used in conjunction with the single dwelling-house.\n> \n> **s 62L:** Ins 1992 No 84, Sch 1 (19).","sortOrder":96},{"sectionNumber":"62M","sectionType":"section","heading":"Unutilised value allowance to be reascertained in certain cases","content":"#### 62M Unutilised value allowance to be reascertained in certain cases\n\n62M Unutilised value allowance to be reascertained in certain cases\n\n> If the land value of land in respect of which an unutilised value allowance was ascertained is altered (whether as the result of being reascertained or on objection or appeal or for the correction of a clerical error or misdescription), the Valuer-General must reascertain an unutilised value allowance for that land value.\n> \n> **s 62M:** Ins 1992 No 84, Sch 1 (19). Am 2000 No 106, Sch 3 \\[13\\].","sortOrder":97},{"sectionNumber":"62N","sectionType":"section","heading":"Unutilised value allowance can be objected to","content":"#### 62N Unutilised value allowance can be objected to\n\n62N Unutilised value allowance can be objected to\n\n> > (1) An objection under Part 3 of the [Valuation of Land Act 1916](/view/html/inforce/current/act-1916-002) may be made to an allowance ascertained under this Division as if it were a land value.\n> \n> > (2) The right to object in respect of the land value of land includes the right to object on the ground that an allowance under this Division has not been ascertained for that land value.\n> \n> **s 62N:** Ins 1992 No 84, Sch 1 (19). Am 1996 No 98, Sch 1.3 \\[22\\]; 2000 No 106, Sch 3 \\[14\\].","sortOrder":98},{"sectionNumber":"Division 4","sectionType":"division","heading":"Tax threshold and premium rate threshold","content":"## Division 4 Tax threshold and premium rate threshold\n\nDivision 4 Tax threshold and premium rate threshold\n\n**pt 7, div 4:** Ins 1992 No 84, Sch 1 (19). Rep 2000 No 106, Sch 3 \\[8\\]. Ins 2023 No 26, Sch 3\\[1\\].","sortOrder":99},{"sectionNumber":"62O","sectionType":"section","heading":null,"content":"#### 62O\n\n62O (Repealed)","sortOrder":100},{"sectionNumber":"62P","sectionType":"section","heading":"Tax threshold","content":"#### 62P Tax threshold\n\n62P Tax threshold\n\n> The tax threshold for the following land tax years is as follows—\n> \n> > (a) 2006—$352,000,\n> \n> > (b) 2007—$352,000,\n> \n> > (c) 2008—$359,000,\n> \n> > (d) 2009—$368,000,\n> \n> > (e) 2010—$376,000,\n> \n> > (f) 2011—$387,000,\n> \n> > (g) 2012—$396,000,\n> \n> > (h) 2013—$406,000,\n> \n> > (i) 2014—$412,000,\n> \n> > (j) 2015—$432,000,\n> \n> > (k) 2016—$482,000,\n> \n> > (l) 2017—$549,000,\n> \n> > (m) 2018—$629,000,\n> \n> > (n) 2019—$692,000,\n> \n> > (o) 2020—$734,000,\n> \n> > (p) 2021—$755,000,\n> \n> > (q) 2022—$822,000,\n> \n> > (r) 2023—$969,000,\n> \n> > (s) for a land tax year after the 2023 land tax year—$1,075,000.\n> \n> **s 62P:** Ins 1992 No 84, Sch 1 (19). Rep 2000 No 106, Sch 3 \\[8\\]. Ins 2023 No 26, Sch 3\\[1\\]. Am 2024 No 38, Sch 4\\[2\\] \\[3\\].","sortOrder":102},{"sectionNumber":"62Q","sectionType":"section","heading":null,"content":"#### 62Q\n\n62Q, 62R (Repealed)","sortOrder":103},{"sectionNumber":"62S","sectionType":"section","heading":"Premium rate threshold","content":"#### 62S Premium rate threshold\n\n62S Premium rate threshold\n\n> The premium rate threshold for the following land tax years is as follows—\n> \n> > (a) 2009—$2,250,000,\n> \n> > (b) 2010—$2,299,000,\n> \n> > (c) 2011—$2,366,000,\n> \n> > (d) 2012—$2,421,000,\n> \n> > (e) 2013—$2,482,000,\n> \n> > (f) 2014—$2,519,000,\n> \n> > (g) 2015—$2,641,000,\n> \n> > (h) 2016—$2,947,000,\n> \n> > (i) 2017—$3,357,000,\n> \n> > (j) 2018—$3,846,000,\n> \n> > (k) 2019—$4,231,000,\n> \n> > (l) 2020—$4,488,000,\n> \n> > (m) 2021—$4,616,000,\n> \n> > (n) 2022—$5,026,000,\n> \n> > (o) 2023—$5,925,000,\n> \n> > (p) for a land tax year after the 2023 land tax year—$6,571,000.\n> \n> **s 62S:** Ins 1992 No 84, Sch 1 (19). Rep 2000 No 106, Sch 3 \\[8\\]. Ins 2023 No 26, Sch 3\\[1\\]. Am 2024 No 38, Sch 4\\[4\\] \\[5\\].","sortOrder":105},{"sectionNumber":"62T","sectionType":"section","heading":"Review of thresholds","content":"#### 62T Review of thresholds\n\n62T Review of thresholds\n\n> > (1) The Treasurer must review the tax threshold and the premium rate threshold to determine whether the thresholds continue to be appropriate in the circumstances.\n> \n> > (2) The review must be undertaken by 1 June 2027.\n> \n> > (3) A report on the outcome of the review must be tabled in each House of Parliament as soon as practicable after 1 June 2027.\n> \n> **s 62T:** Ins 1992 No 84, Sch 1 (19). Rep 2000 No 106, Sch 3 \\[8\\]. Ins 2004 No 33, Sch 2.2 \\[10\\]. Rep 2005 No 42, Sch 3 \\[2\\]. Ins 2023 No 26, Sch 3\\[1\\]. Subst 2024 No 38, Sch 4\\[6\\].","sortOrder":106},{"sectionNumber":"62U","sectionType":"section","heading":null,"content":"#### 62U\n\n62U (Repealed)","sortOrder":107},{"sectionNumber":"Division 4A","sectionType":"division","heading":null,"content":"## Division 4A\n\nDivisions 4A, 5\n\n62TA–62TC, 62V, 62X, 62Z, 62ZA (Repealed)\n\n**pt 7, div 4A, hdg:** Ins 1998 No 81, Sch 3. Am 2008 No 122, Sch 3.2 \\[2\\].\n\n**pt 7, div 4A:** Ins 1998 No 81, Sch 3. Rep 2023 No 26, Sch 3\\[1\\].\n\n**pt 7, div 4A, note:** Ins 2005 No 42, Sch 3 \\[1\\]. Rep 2023 No 26, Sch 3\\[1\\].\n\n**s 62TA:** Ins 1998 No 81, Sch 3. Am 2005 No 42, Sch 3 \\[3\\] \\[4\\]. Rep 2023 No 26, Sch 3\\[1\\].\n\n**s 62TB:** Ins 1998 No 81, Sch 3. Am 2005 No 42, Sch 3 \\[5\\] \\[6\\]. Rep 2023 No 26, Sch 3\\[1\\].\n\n**s 62TBA:** Ins 2005 No 42, Sch 3 \\[7\\]. Am 2006 No 11, Sch 1 \\[1\\]. Subst 2006 No 50, Sch 3 \\[13\\]. Am 2008 No 122, Sch 3.2 \\[3\\]. Rep 2023 No 26, Sch 3\\[1\\].\n\n**s 62TBB:** Ins 2005 No 42, Sch 3 \\[7\\]. Rep 2023 No 26, Sch 3\\[1\\].\n\n**s 62TBC:** Ins 2008 No 122, Sch 3.2 \\[4\\]. Rep 2023 No 26, Sch 3\\[1\\].\n\n**s 62TC:** Ins 1998 No 81, Sch 3. Am 2005 No 42, Sch 3 \\[8\\]. Rep 2023 No 26, Sch 3\\[1\\].\n\n**pt 7, div 5:** Ins 1992 No 84, Sch 1 (19). Rep 2023 No 26, Sch 3\\[3\\].\n\n**s 62V:** Ins 1992 No 84, Sch 1 (19). Rep 2000 No 106, Sch 3 \\[15\\].\n\n**s 62VA:** Ins 1999 No 10, Sch 4 \\[7\\]. Rep 2000 No 106, Sch 3 \\[15\\].\n\n**s 62W:** Ins 1992 No 84, Sch 1 (19). Rep 2000 No 106, Sch 3 \\[15\\].\n\n**s 62X:** Ins 1992 No 84, Sch 1 (19). Rep 2000 No 106, Sch 3 \\[15\\].\n\n**s 62Y:** Ins 1992 No 84, Sch 1 (19). Subst 1996 No 98, Sch 1.3 \\[24\\]. Renumbered as sec 63, 2023 No 26, Sch 3\\[2\\].\n\n**s 62Z:** Ins 1992 No 84, Sch 1 (19). Rep 1996 No 98, Sch 1.3 \\[25\\].\n\n**s 62ZA:** Ins 1992 No 84, Sch 1 (19). Rep 2000 No 106, Sch 3 \\[15\\].","sortOrder":109},{"sectionNumber":"Part 8","sectionType":"part","heading":"Miscellaneous","content":"# Part 8 Miscellaneous\n\nPart 8 Miscellaneous","sortOrder":110},{"sectionNumber":"63","sectionType":"section","heading":"Powers of entry and investigation","content":"#### 63 Powers of entry and investigation\n\n63 Powers of entry and investigation\n\n> A Judge or assessor of the Land and Environment Court is an authorised officer (within the meaning of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097)) for the purposes of this Act.\n> \n> **s 63 (as originally enacted):** Am 1983 No 14, Sch 1 (5); 1992 No 112, Sch 1. Rep 1996 No 98, Sch 1.3 \\[26\\].\n> \n> **s 63 (previously 62Y):** Ins 1992 No 84, Sch 1 (19). Subst 1996 No 98, Sch 1.3 \\[24\\]. Renumbered 2023 No 26, Sch 3\\[2\\].","sortOrder":111},{"sectionNumber":"63A","sectionType":"section","heading":null,"content":"#### 63A\n\n63A (Repealed)","sortOrder":112},{"sectionNumber":"63B","sectionType":"section","heading":"Application of Act to persons or bodies having Crown immunity","content":"#### 63B Application of Act to persons or bodies having Crown immunity\n\n63B Application of Act to persons or bodies having Crown immunity\n\n> > (1) The Governor may, by order published in the Gazette, apply the whole or any specified provisions of this Act to any specified person or body (whether statutory or otherwise) that has Crown immunity.\n> \n> > (2) While any such order is in force, the specified person or body is subject to the requirements of this Act accordingly.\n> \n> Editorial note.\n> \n> For orders under this section see Gazettes No 49 of 19.4.1996, p 1830, No 31 of 27.3.1997, p 1717 and No 76 of 2.7.1999, p 4643. From April 2021, PCO is no longer updating notes in provisions of in force titles about related gazette notices. To search for related gazette notices, please use the Gazette Search functionality.\n> \n> **s 63B:** Ins 1995 No 98, Sch 4 \\[3\\].","sortOrder":114},{"sectionNumber":"64","sectionType":"section","heading":"Agents and trustees","content":"#### 64 Agents and trustees\n\n64 Agents and trustees\n\n> With respect to every agent, and with respect also to every trustee, the following provisions shall apply—\n> \n> > (a) He or she shall be answerable as taxpayer for the doing of all such things as are required to be done by virtue of this Act in respect of the land controlled or held by him or her in his or her representative capacity and the payment of land tax thereon.\n> \n> > (b) He or she shall in respect of such land make the returns and be assessed thereon, but in his or her representative capacity only, and each return and assessment shall, except as otherwise provided by this Act, be separate and distinct from any other.\n> \n> > (c) If he or she is an executor or administrator, the returns shall be the same as far as practicable as the deceased person, if living, would have been liable to make.\n> \n> > (d) Where as agent or trustee he or she pays land tax, he or she is hereby authorised to recover the amount so paid from the person on whose behalf he or she paid it, or to deduct it from any money in his or her hands belonging to that person.\n> \n> > (e) He or she is hereby authorised and required to retain from time to time out of any money which comes to him or her in his or her representative capacity so much as is sufficient to pay the land tax which is or will become due in respect of the land.\n> \n> > (f) He or she is hereby made personally liable for the land tax payable in respect of the land if, while the land tax remains unpaid, he or she alienates, charges, or disposes of any real or personal property which is controlled or held by him or her in his or her representative capacity but he or she shall not be otherwise personally liable for the land tax.\n> \n> > (g) If he or she is a trustee he or she may raise whatever moneys are necessary in order to pay the land tax by mortgage or charge with or without power of sale of any real or personal property held by him or her as such trustee, and may apply the money so raised or any other moneys in his or her possession as such trustee in paying the land tax.\n> \n> > (h) He or she is hereby indemnified for all payments which he or she makes in pursuance of this Act, or by requirement of the Chief Commissioner.\n> \n> > (i) For the purpose of ensuring the payment of land tax, the Chief Commissioner shall have the same remedies against all land or other property of any kind vested in or under the control or management or in the possession of any agent or trustee, as he or she would have against the land or other property of any other taxpayer in respect of land tax, and in as full and ample a manner.\n> \n> **s 64:** Am 1983 No 14, Sch 1 (5).","sortOrder":115},{"sectionNumber":"65","sectionType":"section","heading":null,"content":"#### 65\n\n65–67 (Repealed)","sortOrder":116},{"sectionNumber":"68","sectionType":"section","heading":"Valuer-General to furnish copies of Register of Land Values to Chief Commissioner","content":"#### 68 Valuer-General to furnish copies of Register of Land Values to Chief Commissioner\n\n68 Valuer-General to furnish copies of Register of Land Values to Chief Commissioner\n\n> On request made by the Chief Commissioner, the Valuer-General must furnish to the Chief Commissioner such copies of the Register of Land Values, and of any valuation list or supplementary list prepared by the Valuer-General, as the Chief Commissioner may require.\n> \n> **s 68:** Am 1983 No 14, Sch 1 (5); 1995 No 11, Sch 1.71 \\[6\\]. Subst 2000 No 106, Sch 3 \\[16\\].","sortOrder":118},{"sectionNumber":"68A","sectionType":"section","heading":"Keeping of records by owners of land","content":"#### 68A Keeping of records by owners of land\n\n68A Keeping of records by owners of land\n\n> > (1) The regulations may make provision requiring owners of land or specified classes of owners of land to keep specified records concerning land owned by them.\n> \n> > (2) The regulations may specify the form in which any such record is to be kept and the particulars it is to contain.\n> \n> > (3) A person to whom such a requirement applies—\n> > \n> > > (a) must comply with the requirement, and\n> > \n> > > (b) must, unless the regulations otherwise provide, retain a record made for the purposes of such a requirement for at least 5 years after the end of the tax year to which the ownership of the land concerned related.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> **s 68A:** Ins 1990 No 35, Sch 1 (9).","sortOrder":119},{"sectionNumber":"69","sectionType":"section","heading":null,"content":"#### 69\n\n69–71 (Repealed)","sortOrder":120},{"sectionNumber":"72","sectionType":"section","heading":"Failure to furnish returns or information","content":"#### 72 Failure to furnish returns or information\n\n72 Failure to furnish returns or information\n\n> > (1) A taxpayer who fails or neglects duly to furnish any return or information as and when required by this Act or the Chief Commissioner, or who fails to include in any return any land owned by the taxpayer, is taken to have committed a tax default for the purposes of Part 5 of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097).\n> \n> > (2) In relation to the tax default—\n> > \n> > > (a) interest is payable in accordance with Part 5 of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097) but accrues on the amount of land tax assessable to the taxpayer for the period commencing on the last day allowed for furnishing the return or information, or the correct particulars of land ownership, and ending on—\n> > > \n> > > > (i) the day on which the return or information is furnished or the correct particulars are furnished, or\n> > > \n> > > > (ii) the day on which the assessment calculated on the basis of the return or information that is required, or the correct particulars that are required, is made, or\n> > > \n> > > > (iii) the day on which the whole of the land tax assessable to the person is paid,\n> > > \n> > > whichever occurs first, and\n> > \n> > > (b) penalty tax is payable in accordance with Part 5 of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097) on the amount of tax unpaid.\n> \n> **s 72:** Am 1983 No 14, Sch 1 (5); 1983 No 171, Sch 1 (13); 1985 No 147, Sch 1 (9). Subst 1996 No 98, Sch 1.3 \\[27\\].","sortOrder":122},{"sectionNumber":"73","sectionType":"section","heading":"Special provisions for land subject to property tax","content":"#### 73 Special provisions for land subject to property tax\n\n73 Special provisions for land subject to property tax\n\n> > (1) A reference in section 34(1) to the average value of land owned by a person does not include the value of land subject to property tax if the person is an included owner of the land.\n> \n> > (2) If the land subject to property tax is hybrid land, the value of the land subject to property tax means the value of the proportion of the land subject to property tax divided among the included owners of the land in proportion to their ownership shares.\n> \n> > (3) Despite section 47, unpaid land tax is not a charge on land subject to property tax if the land was subject to property tax before the liability for the land tax arose.\n> \n> > (4) Subsection (3) does not apply to hybrid land.\n> \n> > (5) To avoid doubt, land becoming subject to property tax does not affect an existing charge on the land.\n> \n> > (6) Terms used in this section have the same meanings as in the [Property Tax (First Home Buyer Choice) Act 2022](/view/html/inforce/current/act-2022-060).\n> \n> **s 73:** Am 1992 No 112, Sch 1. Rep 1996 No 98, Sch 1.3 \\[28\\]. Ins 2022 No 60, Sch 5.3.","sortOrder":123},{"sectionNumber":"74","sectionType":"section","heading":null,"content":"#### 74\n\n74–77 (Repealed)","sortOrder":124},{"sectionNumber":"78","sectionType":"section","heading":"General penalty","content":"#### 78 General penalty\n\n78 General penalty\n\n> Any person guilty of a breach of this Act for which no penalty is otherwise provided shall be liable to a penalty not exceeding 2 penalty units.\n> \n> **s 78:** Am 1992 No 112, Sch 1.","sortOrder":126},{"sectionNumber":"79","sectionType":"section","heading":null,"content":"#### 79\n\n79, 80 (Repealed)","sortOrder":127},{"sectionNumber":"81","sectionType":"section","heading":"Repeals and refunds","content":"#### 81 Repeals and refunds\n\n81 Repeals and refunds\n\n> > (1) The Acts specified in Schedule 1, and to the extent to which they have not been already repealed, are hereby repealed.\n> \n> > (2) (Repealed)\n> \n> > (3) Any person who has paid land tax pursuant to any of the Acts specified in Schedule 1 in respect of the year that commenced on the first day of January one thousand nine hundred and fifty-six shall be refunded an amount equal to one-sixth of the land tax so paid by the person.\n> \n> **s 81:** Am 1960 No 35, sec 2 (1) (f); 1988 No 128, Sch 1 (14).","sortOrder":129},{"sectionNumber":"82","sectionType":"section","heading":"Regulations","content":"#### 82 Regulations\n\n82 Regulations\n\n> > (1) The Governor may make regulations not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for giving effect to this Act.\n> \n> > (2) (Repealed)\n> \n> > (3) The regulations may impose penalties not exceeding 1 penalty unit for any breach thereof.\n> \n> **s 82:** Am 1987 No 48, Sch 32; 1992 No 112, Sch 1.","sortOrder":130},{"sectionNumber":"83","sectionType":"section","heading":"Savings and transitional provisions","content":"#### 83 Savings and transitional provisions\n\n83 Savings and transitional provisions\n\n> Schedule 2 has effect.\n> \n> **s 83:** Ins 1988 No 128, Sch 1 (15).","sortOrder":131},{"sectionNumber":"84","sectionType":"section","heading":"Owners of land under Help to Buy arrangement","content":"#### 84 Owners of land under Help to Buy arrangement\n\n84 Owners of land under Help to Buy arrangement\n\n> > (1) For the purposes of assessing land tax on land purchased under a Help to Buy arrangement, no account is to be taken of an interest the Commonwealth or Housing Australia has in the land.\n> \n> > (2) In this section—\n> > \n> > Help to Buy arrangement has the same meaning as in the [Help to Buy Act 2024](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > Housing Australia has the same meaning as in the [Housing Australia Act 2018](http://www.legislation.gov.au/) of the Commonwealth.\n> \n> **s 84:** Ins 2025 No 31, Sch 1.4.","sortOrder":132},{"sectionNumber":"Part 9","sectionType":"part","heading":null,"content":"# Part 9\n\nPart 9\n\n(Repealed)\n\n**pt 9, hdg:** Rep 2023 No 26, Sch 1\\[4\\].","sortOrder":133},{"sectionNumber":"Schedule 1AA","sectionType":"schedule","heading":"Family unit trusts—special provisions","content":"# Schedule 1AA Family unit trusts—special provisions\n\nSchedule 1AA Family unit trusts—special provisions\n\n(Section 3A (4) (f))\n\n**sch 1AA:** Ins 2006 No 87, Sch 2 \\[10\\]. Am 2010 No 19, Sch 3.53 \\[1\\] \\[2\\]; 2014 No 19, Sch 2 \\[10\\].","sortOrder":134},{"sectionNumber":"Schedule 1A","sectionType":"schedule","heading":"Principal place of residence exemption","content":"# Schedule 1A Principal place of residence exemption\n\nSchedule 1A Principal place of residence exemption\n\n(Section 10 (1) (r))\n\n**sch 1A:** Ins 2003 No 80, Sch 4 \\[11\\]. Am 2004 No 33, Sch 3.2 \\[2\\]; 2005 No 111, Sch 4 \\[12\\]–\\[17\\]; 2006 No 51, Sch 2 \\[3\\]–\\[9\\]; 2007 No 24, Sch 2 \\[1\\]; 2008 No 67, Sch 4 \\[10\\]–\\[15\\]; 2009 No 51, Sch 4 \\[5\\]–\\[9\\]; 2010 No 19, Sch 3.53 \\[3\\] \\[4\\]; 2010 No 46, Sch 6 \\[14\\]–\\[30\\]; 2010 No 118, Sch 3 \\[2\\]; 2012 No 76, Sch 5.1 \\[1\\]–\\[3\\]; 2014 No 19, Sch 2 \\[11\\]–\\[18\\]; 2015 No 51, Sch 9.12 \\[9\\]–\\[11\\]; 2016 No 14, Sch 3 \\[1\\]–\\[3\\]; 2016 No 27, Sch 2.24; 2017 No 33, Sch 1.3 \\[1\\] \\[2\\]; 2018 No 68, Sch 1.14 \\[3\\]; 2023 No 2, sec 4(1); 2023 No 18, Sch 4\\[4\\]–\\[8\\]; 2023 No 26, Sch 3\\[5\\].","sortOrder":138},{"sectionNumber":"5","sectionType":"section","heading":"Concession for land used for incidental business purposes","content":"#### 5 Concession for land used for incidental business purposes\n\n5 Concession for land used for incidental business purposes\n\n> > (1) For the purposes of the principal place of residence exemption, if land owned by a person is used and occupied by the owner primarily for residential purposes but not more than one room is used primarily for business purposes, the use of the land for the purpose of the business may be disregarded if the business is primarily conducted elsewhere.\n> \n> > (2) Accordingly, land does not cease to be residential land because of the use of one room primarily for business purposes, even if income is derived from the use of the land for that purpose.\n> \n> > (3) Nothing in this clause affects, or is affected by, clause 3.","sortOrder":146},{"sectionNumber":"6","sectionType":"section","heading":"Concession for unoccupied land intended to be owner’s principal place of residence","content":"#### 6 Concession for unoccupied land intended to be owner’s principal place of residence\n\n6 Concession for unoccupied land intended to be owner’s principal place of residence\n\n> > (1) An owner of unoccupied land is entitled to claim the land as the owner’s principal place of residence if the owner intends to use and occupy the land solely as the owner’s principal place of residence. In such a case, the owner is taken, for the purpose of the principal place of residence exemption, to use and occupy the unoccupied land as the owner’s principal place of residence.\n> > \n> > Note.\n> > \n> > It is an offence under section 55 of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097) to make a statement to a tax officer, or give information to a tax officer, orally or in writing, knowing that it is false or misleading in a material particular.\n> \n> > (2) This clause does not apply unless—\n> > \n> > > (a) the land is unoccupied because the owner intends to carry out, or is carrying out, building or other works necessary to facilitate the owner’s intended use and occupation of the land as a principal place of residence, and\n> > \n> > > (b) if those building or other works have physically commenced on the land, no income has been derived from the use and occupation of the land since that commencement, and\n> > \n> > > (c) the intended use and occupation of the land is not unlawful.\n> \n> > (3) This clause applies in respect of the assessment of a person’s ownership of land only in the period of—\n> > \n> > > (a) 4 tax years immediately following the year in which the person became owner of the land, or\n> > \n> > > (b) if, after the person became owner and before the building or other works physically commence, the land is used and occupied for residential purposes by another person—4 tax years immediately following the tax year in which the other person ceases to use and occupy the land for those purposes.\n> \n> > (4) Without limiting subclause (3) (a)—\n> > \n> > > (a) this clause does not apply in respect of the assessment of a person’s ownership of land in a period referred to in subclause (3) (b) unless the Chief Commissioner is satisfied that, by the end of the first of the 4 tax years concerned—\n> > > \n> > > > (i) the building or other works will be, or have been, physically commenced, or\n> > > \n> > > > (ii) significant steps will be, or have been, taken to enable those works to physically commence, and\n> > \n> > > (b) if the building or other works are not physically commenced by the end of that tax year (or the Chief Commissioner is not satisfied that, by the end of that tax year, significant steps have been taken to enable those works to physically commence)—\n> > > \n> > > > (i) the principal place of residence exemption applying by operation of this clause to the land is taken not to have applied to the land in respect of that tax year (unless subclause (3) (a) applied to the assessment in that tax year), and\n> > > \n> > > > (ii) land tax liability is to be assessed or reassessed accordingly.\n> \n> > (5) If the principal place of residence exemption applies by operation of this clause to land not actually used and occupied by a person as the person’s principal place of residence on a taxing date, that exemption is revoked if the person fails to actually use and occupy the land as the person’s principal place of residence by the end of the period in which this clause applies in respect of the assessment of the person’s ownership of the land and to continue to so use and occupy the land for at least 6 months.\n> \n> > (6) The effect of the revocation is that the principal place of residence exemption is taken not to have applied to the land in respect of any tax year to which, but for the revocation, it would have applied. Land tax liability is to be assessed or reassessed accordingly.\n> \n> > (6A) For the purposes of section 9 (3) (c) of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097), any reassessment under this clause is authorised to be made more than 5 years after the initial assessment.\n> \n> > (7) This clause does not apply in respect of land owned by a person if—\n> > \n> > > (a) the person or any member of the person’s family (within the meaning of clause 12) is entitled to have the person’s or member’s actual use and occupation of other land taken into account under section 9C or 9D or under this Schedule, or\n> > \n> > > (b) the person owns land outside New South Wales that is the principal place of residence of the person or a member of the person’s family (within the meaning of clause 12), or\n> > \n> > > (c) the land, or the land if combined with any adjoining land of which the person is an owner, is capable of having more than 2 residences or residential units lawfully built on it.\n> \n> > (7A) The Chief Commissioner may extend the period of 4 tax years in subclause (3)(a) or (b) to a period of up to 6 tax years if the Chief Commissioner is satisfied—\n> > \n> > > (a) there has been a delay in the completion of the building or other works necessary to facilitate the owner’s intended use and occupation of the land as a principal place of residence, and\n> > \n> > > (b) the delay is due primarily to exceptional circumstances beyond the control of the owner, and\n> > \n> > > (c) the delay could not reasonably have been avoided by the owner.\n> \n> > (7B) The Treasurer may, for the purposes of subclause (7A), approve guidelines by publishing the guidelines in the Gazette.\n> \n> > (7C) The Chief Commissioner must, when making a decision under subclause (7A), consider any guidelines approved under subclause (7B).\n> \n> > (8) For the purposes of this clause—\n> > \n> > unoccupied land means land that is not being used or occupied for any purpose.","sortOrder":147},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nSchedule 1\n\n(Section 81)\n\n| No of Act | Title of Act |\n| 59 Vic No 15 | Land and Income Tax Assessment Act of 1895 |\n| 59 Vic No 16 | Land Tax Act of 1895 |\n| Act No 21, 1897 | Land and Income Tax (Amendment) Act 1897 |\n| Act No 37, 1898 | Land and Income Tax (Declaratory) Act 1898 |\n| Act No 36, 1899 | Land Tax (Collection) Act 1899 |\n| Act No 28, 1900 | Land Tax (Assessment Books) Act 1900 |\n| Act No 46, 1900 | Land Tax (Contribution) Act 1900 |\n| Act No 115, 1902 | Land Tax (Leases) Act 1902 |\n| Act No 17, 1904 | Land and Income Tax (Amendment) Act 1904 |\n\n**sch 1, hdg (previously Sch, heading):** Subst 1988 No 128, Sch 1 (16).","sortOrder":161},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 2 Savings and transitional provisions\n\nSchedule 2 Savings and transitional provisions\n\n(Section 83)\n\n**sch 2:** Ins 1988 No 128, Sch 1 (17). Am 1989 No 222, Schs 1 (3), 2 (3); 1990 No 35, Sch 1 (10); 1990 No 88, Sch 1 (15); 1990 No 95, Sch 4; 1991 No 47, Sch 1 (12) (18); 1992 No 84, Sch 2 (9); 1993 No 46, Sch 1; 1994 No 48, Sch 5 (7); 1995 No 98, Sch 4 \\[4\\]; 1997 No 37, Sch 3 \\[13\\]; 1997 No 41, Sch 2 \\[7\\] \\[8\\]; 1997 No 152, Sch 4.20 \\[2\\]; 1999 No 31, Sch 5.58 \\[1\\]–\\[11\\]; 1999 No 52, Sch 2.1 \\[4\\] \\[5\\]; 2000 No 51, Sch 3 \\[11\\]; 2000 No 105, Sch 3 \\[8\\]; 2000 No 106, Sch 3 \\[17\\] \\[18\\]; 2001 No 96, Sch 2.2 \\[14\\] \\[15\\]; 2002 No 108, Sch 2.2 \\[27\\] \\[28\\]; 2003 No 80, Sch 4 \\[12\\] \\[13\\]; 2004 No 33, Schs 3.2 \\[3\\], 5.2; 2004 No 67, Sch 2 \\[3\\]; 2005 No 42, Sch 3 \\[9\\]; 2005 No 111, Sch 4 \\[18\\] \\[19\\]; 2006 No 11, Sch 1 \\[2\\]; 2006 No 50, Sch 3 \\[14\\] \\[15\\]; 2006 No 51, Sch 2 \\[10\\] \\[11\\]; 2006 No 87, Sch 2 \\[11\\] \\[12\\]; 2007 No 24, Sch 2 \\[2\\] \\[3\\]; 2008 No 67, Sch 4 \\[16\\] \\[17\\]; 2008 No 122, Sch 3.2 \\[5\\]; 2009 No 51, Sch 4 \\[10\\]; 2010 No 46, Sch 6 \\[31\\] \\[32\\]; 2010 No 118, Sch 3 \\[3\\] \\[4\\]; 2012 No 20, Sch 2 \\[4\\] \\[5\\]; 2014 No 19, Sch 2 \\[19\\]; 2014 No 56, Sch 2 \\[8\\]; 2016 No 14, Sch 3 \\[4\\]; 2017 No 11, Sch 2 \\[4\\]; 2017 No 33, Schs 1.3 \\[3\\], 2.3 \\[2\\]; 2017 No 67, Sch 3 \\[1\\] \\[2\\]; 2018 No 68, Sch 3 (cl 62A transferred from the Land Tax Management (Transitional) Regulation 2018, cl 3); 2019 No 8, Sch 2.3; 2020 No 14, Sch 3; 2023 No 2, sec 4(2); 2023 No 26, Sch 3\\[6\\].","sortOrder":162},{"sectionNumber":"1A","sectionType":"section","heading":"Regulations","content":"#### 1A Regulations\n\n1A Regulations\n\n> > (1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts—\n> > \n> > > [State Revenue Legislation Further Amendment Act 1995](/view/pdf/asmade/act-1995-98)\n> > \n> > > [State Revenue Legislation Amendment Act 1997](/view/pdf/asmade/act-1997-37)\n> > \n> > > [State Revenue Legislation Further Amendment Act 1997](/view/pdf/asmade/act-1997-41)\n> > \n> > > [Environmental Planning and Assessment Amendment Act 1997](/view/pdf/asmade/act-1997-152)\n> > \n> > > [Strata Schemes (Leasehold Development) Amendment Act 1999](/view/html/repealed/current/act-1999-052)\n> > \n> > > [State Revenue Legislation Amendment Act 2000](/view/html/repealed/current/act-2000-051)\n> > \n> > > [State Revenue Legislation Further Amendment Act 2000](/view/html/repealed/current/act-2000-105)\n> > \n> > > [Valuation of Land Amendment Act 2000](/view/html/repealed/current/act-2000-106)\n> > \n> > > [State Revenue Legislation Further Amendment (No 2) Act 2001](/view/html/repealed/current/act-2001-096) (to the extent that it amends this Act)\n> > \n> > > [State Revenue Legislation Amendment Act 2002](/view/html/repealed/current/act-2002-108)\n> > \n> > > [State Revenue Legislation Further Amendment Act 2003](/view/html/repealed/current/act-2003-080) (to the extent that it amends this Act)\n> > \n> > > [State Revenue Legislation Amendment Act 2004](/view/html/repealed/current/act-2004-033)\n> > \n> > > [State Revenue Legislation Further Amendment Act 2004](/view/html/repealed/current/act-2004-067) (to the extent that it amends this Act)\n> > \n> > > [State Revenue Legislation Amendment (Budget Measures) Act 2005](/view/html/repealed/current/act-2005-042)\n> > \n> > > [State Revenue Legislation Further Amendment Act 2005](/view/html/repealed/current/act-2005-111)\n> > \n> > > [Land Tax Management Amendment (Tax Threshold) Act 2006](/view/html/repealed/current/act-2006-011)\n> > \n> > > [State Revenue and Other Legislation Amendment (Budget Measures) Act 2006](/view/html/inforce/current/act-2006-050)\n> > \n> > > [State Revenue Legislation Amendment Act 2006](/view/html/repealed/current/act-2006-051)\n> > \n> > > [State Revenue Legislation Amendment (Tax Concessions) Act 2006](/view/html/repealed/current/act-2006-087)\n> > \n> > > [Duties Amendment (First Home Plus One) Act 2007](/view/html/repealed/current/act-2007-024) (to the extent that it amends this Act)\n> > \n> > > [State Revenue Legislation Amendment Act 2008](/view/html/repealed/current/act-2008-067)\n> > \n> > > [State Revenue and Other Legislation Amendment (Budget Measures) Act 2008](/view/html/repealed/current/act-2008-122)\n> > \n> > > [State Revenue Legislation Amendment Act 2010](/view/html/repealed/current/act-2010-046)\n> > \n> > > [State Revenue Legislation Further Amendment Act 2010](/view/html/repealed/current/act-2010-118)\n> > \n> > > [State Revenue Legislation Amendment Act 2012](/view/html/repealed/current/act-2012-020)\n> > \n> > > Any Act that amends this Act\n> \n> > (2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later day.\n> \n> > (3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as—\n> > \n> > > (a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or\n> > \n> > > (b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.","sortOrder":164},{"sectionNumber":"17","sectionType":"section","heading":"Operation of amendments","content":"#### 17 Operation of amendments\n\n17 Operation of amendments\n\n> The amendments made by the [Land Tax Management (Amendment) Act 1991](/view/pdf/asmade/act-1991-47) (except the amendment made to clause 3 of this Schedule) do not apply in respect of a tax year before the tax year that commences on 1 January 1992 and do not affect any existing liability for land tax.","sortOrder":187},{"sectionNumber":"18","sectionType":"section","heading":"Operation of amendments","content":"#### 18 Operation of amendments\n\n18 Operation of amendments\n\n> The amendments made by the [Land Tax Management (Amendment) Act 1992](/view/pdf/asmade/act-1992-84) do not (except as specifically provided) apply in respect of a tax year before the tax year that commences on 1 January 1993 and do not affect any existing liability for land tax.","sortOrder":189},{"sectionNumber":"19","sectionType":"section","heading":"Lessees of Crown land","content":"#### 19 Lessees of Crown land\n\n19 Lessees of Crown land\n\n> > (1) For the purposes of the application of section 21C to land owned by the Crown in respect of the tax years commencing on 1 January 1989, 1990, 1991 and 1992, the amendments made by Schedule 1 (13)–(16) of the [Land Tax Management (Amendment) Act 1991](/view/pdf/asmade/act-1991-47) are taken to have commenced on 31 December 1988.\n> \n> > (2) Clause 17 has effect subject to subclause (1) of this clause.","sortOrder":190},{"sectionNumber":"Part 10","sectionType":"part","heading":"Provisions consequent on enactment of State Revenue Legislation Further Amendment Act 1997","content":"# Part 10 Provisions consequent on enactment of State Revenue Legislation Further Amendment Act 1997\n\nPart 10 Provisions consequent on enactment of [State Revenue Legislation Further Amendment Act 1997](/view/pdf/asmade/act-1997-41)","sortOrder":196},{"sectionNumber":"Part 11","sectionType":"part","heading":"Strata Schemes (Leasehold Development) Amendment Act 1999","content":"# Part 11 Strata Schemes (Leasehold Development) Amendment Act 1999\n\nPart 11 [Strata Schemes (Leasehold Development) Amendment Act 1999](/view/html/repealed/current/act-1999-052)","sortOrder":198},{"sectionNumber":"Part 12","sectionType":"part","heading":"Provisions consequent on enactment of Valuation of Land Amendment Act 2000","content":"# Part 12 Provisions consequent on enactment of Valuation of Land Amendment Act 2000\n\nPart 12 Provisions consequent on enactment of [Valuation of Land Amendment Act 2000](/view/html/repealed/current/act-2000-106)","sortOrder":200},{"sectionNumber":"Part 13","sectionType":"part","heading":"Provisions consequent on enactment of State Revenue Legislation Further Amendment (No 2) Act 2001","content":"# Part 13 Provisions consequent on enactment of State Revenue Legislation Further Amendment (No 2) Act 2001\n\nPart 13 Provisions consequent on enactment of [State Revenue Legislation Further Amendment (No 2) Act 2001](/view/html/repealed/current/act-2001-096)","sortOrder":204},{"sectionNumber":"31","sectionType":"section","heading":"Amendments to section 10R","content":"#### 31 Amendments to section 10R\n\n31 Amendments to section 10R\n\n> The amendments made to section 10R by the [State Revenue Legislation Further Amendment (No 2) Act 2001](/view/html/repealed/current/act-2001-096) apply in respect of a land tax year commencing on or after the commencement of those amendments, despite section 10R (5).","sortOrder":207},{"sectionNumber":"Part 14","sectionType":"part","heading":"Provisions consequent on enactment of State Revenue Legislation Amendment Act 2002","content":"# Part 14 Provisions consequent on enactment of State Revenue Legislation Amendment Act 2002\n\nPart 14 Provisions consequent on enactment of [State Revenue Legislation Amendment Act 2002](/view/html/repealed/current/act-2002-108)","sortOrder":208},{"sectionNumber":"32","sectionType":"section","heading":"Amendments to principal place of residence exemption","content":"#### 32 Amendments to principal place of residence exemption\n\n32 Amendments to principal place of residence exemption\n\n> The amendments made to section 10, and the insertion of section 10AA, by the [State Revenue Legislation Amendment Act 2002](/view/html/repealed/current/act-2002-108) apply in respect of a land tax year commencing on or after the commencement of section 10AA and do not affect any existing liability for land tax.","sortOrder":209},{"sectionNumber":"Part 15","sectionType":"part","heading":"Provisions consequent on enactment of State Revenue Legislation Further Amendment Act 2003","content":"# Part 15 Provisions consequent on enactment of State Revenue Legislation Further Amendment Act 2003\n\nPart 15 Provisions consequent on enactment of [State Revenue Legislation Further Amendment Act 2003](/view/html/repealed/current/act-2003-080)","sortOrder":210},{"sectionNumber":"35","sectionType":"section","heading":"Application of principal place of residence exemption amendments","content":"#### 35 Application of principal place of residence exemption amendments\n\n35 Application of principal place of residence exemption amendments\n\n> > (1) The amendments made to this Act by the 2003 amending Act (other than the amendments referred to in clause 34) apply in respect of a land tax year commencing on or after 1 January 2004 and do not affect any existing liability for land tax.\n> \n> > (2) Subject to subclause (1), a reference in Schedule 1A to the principal place of residence exemption, in relation to land owned and occupied as a principal place of residence before 31 December 2003, is a reference to section 10 (1) (r) of this Act (as in force immediately before its substitution by the 2003 amending Act).\n> \n> > (3) Subject to subclause (1), a reference in clause 8 of Schedule 1A to a period in which land was actually used and occupied as a principal place of residence by the owner extends to any such period that occurred, or started, before 31 December 2003.","sortOrder":213},{"sectionNumber":"Part 16","sectionType":"part","heading":"Provisions consequent on repeal of Premium Property Tax Act 1998","content":"# Part 16 Provisions consequent on repeal of Premium Property Tax Act 1998\n\nPart 16 Provisions consequent on repeal of [Premium Property Tax Act 1998](/view/html/repealed/current/act-1998-079)","sortOrder":214},{"sectionNumber":"36","sectionType":"section","heading":"Repeal of Premium Property Tax Act 1998","content":"#### 36 Repeal of Premium Property Tax Act 1998\n\n36 Repeal of [Premium Property Tax Act 1998](/view/html/repealed/current/act-1998-079)\n\n> > (1) The amendments made to this Act by Schedule 3 to the [State Revenue Legislation Amendment Act 2004](/view/html/repealed/current/act-2004-033), and the repeal of the [Premium Property Tax Act 1998](/view/html/repealed/current/act-1998-079), apply in respect of a land tax year commencing on or after 1 January 2005 and do not affect any existing liability for land tax.\n> \n> > (2) This Act and the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097), as in force immediately before those amendments were made, and the [Premium Property Tax Act 1998](/view/html/repealed/current/act-1998-079), as in force immediately before its repeal, continue to apply in respect of any such liability.","sortOrder":215},{"sectionNumber":"Part 17","sectionType":"part","heading":"Provisions consequent on enactment of State Revenue Legislation Further Amendment Act 2005","content":"# Part 17 Provisions consequent on enactment of State Revenue Legislation Further Amendment Act 2005\n\nPart 17 Provisions consequent on enactment of [State Revenue Legislation Further Amendment Act 2005](/view/html/repealed/current/act-2005-111)","sortOrder":216},{"sectionNumber":"37","sectionType":"section","heading":"Application of amendments—general","content":"#### 37 Application of amendments—general\n\n37 Application of amendments—general\n\n> > (1) The amendments made to this Act by the [State Revenue Legislation Further Amendment Act 2005](/view/html/repealed/current/act-2005-111) apply in respect of the assessment of land tax in the land tax year commencing on 1 January 2006 and any subsequent land tax year.\n> \n> > (2) Except as otherwise provided by this Part, the amendments made to this Act by the [State Revenue Legislation Further Amendment Act 2005](/view/html/repealed/current/act-2005-111) do not apply in respect of the assessment of land tax in the land tax year commencing on 1 January 2005 or any previous land tax year.\n> \n> > (3) Accordingly, the provisions of this Act, as in force immediately before the date of assent to the [State Revenue Legislation Further Amendment Act 2005](/view/html/repealed/current/act-2005-111), continue to apply in respect of the assessment of any land tax liability for the land tax year commencing on 1 January 2005 or any previous land tax year.","sortOrder":217},{"sectionNumber":"38","sectionType":"section","heading":"Amendments to principal place of residence exemption","content":"#### 38 Amendments to principal place of residence exemption\n\n38 Amendments to principal place of residence exemption\n\n> > (1) The amendment made to section 3A of this Act by the [State Revenue Legislation Further Amendment Act 2005](/view/html/repealed/current/act-2005-111) has effect as if it had commenced on 31 December 2003 and accordingly extends to the assessment of any land tax payable for the land tax year commencing on 1 January 2004 or 1 January 2005.\n> \n> > (2) The amendments made to clause 8 of Schedule 1A to this Act by the [State Revenue Legislation Further Amendment Act 2005](/view/html/repealed/current/act-2005-111) have effect as if those amendments had commenced on 31 December 2004 and accordingly extend to the assessment of any land tax payable for the land tax year commencing on 1 January 2005.\n> \n> > (3) Anything done or omitted to be done before the date of assent to the [State Revenue Legislation Further Amendment Act 2005](/view/html/repealed/current/act-2005-111), that would have been validly done or omitted if the amendments made to section 3A and clause 8 of Schedule 1A to this Act had been in force at the time that it was done or omitted, is taken to have been validly done or omitted.","sortOrder":218},{"sectionNumber":"Part 18","sectionType":"part","heading":"Provisions consequent on enactment of State Revenue Legislation Amendment Act 2006","content":"# Part 18 Provisions consequent on enactment of State Revenue Legislation Amendment Act 2006\n\nPart 18 Provisions consequent on enactment of [State Revenue Legislation Amendment Act 2006](/view/html/repealed/current/act-2006-051)","sortOrder":219},{"sectionNumber":"Part 19","sectionType":"part","heading":"Provisions consequent on enactment of State Revenue and Other Legislation Amendment (Budget Measures) Act 2006","content":"# Part 19 Provisions consequent on enactment of State Revenue and Other Legislation Amendment (Budget Measures) Act 2006\n\nPart 19 Provisions consequent on enactment of [State Revenue and Other Legislation Amendment (Budget Measures) Act 2006](/view/html/inforce/current/act-2006-050)","sortOrder":221},{"sectionNumber":"Part 20","sectionType":"part","heading":"Provisions consequent on enactment of State Revenue Legislation Amendment (Tax Concessions) Act 2006","content":"# Part 20 Provisions consequent on enactment of State Revenue Legislation Amendment (Tax Concessions) Act 2006\n\nPart 20 Provisions consequent on enactment of [State Revenue Legislation Amendment (Tax Concessions) Act 2006](/view/html/repealed/current/act-2006-087)","sortOrder":223},{"sectionNumber":"42","sectionType":"section","heading":"Restructuring of unit trust for land tax purposes—concession","content":"#### 42 Restructuring of unit trust for land tax purposes—concession\n\n42 Restructuring of unit trust for land tax purposes—concession\n\n> > (1) This clause applies in respect of a unit trust (within the meaning of Schedule 1AA) if—\n> > \n> > > (a) an instrument is executed on or after 6 June 2006 and before 1 January 2008 that effects a variation to a trust deed for a unit trust, and\n> > \n> > > (b) before the instrument is executed, unit holders in the unit trust have fixed entitlements under the trust, and\n> > \n> > > (c) the purpose of the variation is to enable the unit trust to satisfy the relevant criteria (within the meaning of section 3A) and, accordingly, to be treated as a fixed trust under that section, and\n> > \n> > > (d) the variation does not directly or indirectly result in a change in the proportion of any income or capital to which a unit holder is entitled under the trust.\n> \n> > (2) Any land tax payable in respect of the land the subject of the unit trust is to be assessed or reassessed as if the variation to the trust deed took effect on 31 December 2005.\n> \n> > (3) Unit holders in a unit trust have fixed entitlements under the trust if—\n> > \n> > > (a) the unit holders are entitled to a fixed proportion of the income or capital distributions of the trust (if any are made) based on the number or class of units owned by them, and\n> > \n> > > (b) the entitlements referred to in paragraph (a) cannot be removed, restricted or otherwise affected by the exercise of a discretion, or by a failure to exercise a discretion, conferred on any person under the trust.\n> \n> > (4) Anything done or omitted to be done on or after 6 June 2006 and before the date of assent to the [State Revenue Legislation Amendment (Tax Concessions) Act 2006](/view/html/repealed/current/act-2006-087) that would have been validly done or omitted to be done if this clause had been in force at the time that it was done or omitted to be done is taken to have been validly done or omitted to be done.","sortOrder":225},{"sectionNumber":"43","sectionType":"section","heading":"Determinations made by Valuer-General before commencement of budget measures","content":"#### 43 Determinations made by Valuer-General before commencement of budget measures\n\n43 Determinations made by Valuer-General before commencement of budget measures\n\n> > (1) Anything done by the Valuer-General before the commencement of Schedule 3 to the [State Revenue and Other Legislation Amendment (Budget Measures) Act 2006](/view/html/inforce/current/act-2006-050) that would have been validly done under section 62TBA of this Act (as substituted by that Act) if Schedule 3 to that Act had commenced and it had been done before 15 October 2006, is taken to have been validly done under that section and has effect as if that Schedule had been in force at the time that it was done.\n> \n> > (2) Anything omitted to be done by the Valuer-General before the commencement of Schedule 3 to the [State Revenue and Other Legislation Amendment (Budget Measures) Act 2006](/view/html/inforce/current/act-2006-050) that would have been validly omitted to be done if Schedule 3 to that Act had commenced at the time that it was omitted is taken to have been validly omitted to be done.","sortOrder":226},{"sectionNumber":"Part 21","sectionType":"part","heading":"Provisions consequent on enactment of Duties Amendment (First Home Plus One) Act 2007","content":"# Part 21 Provisions consequent on enactment of Duties Amendment (First Home Plus One) Act 2007\n\nPart 21 Provisions consequent on enactment of [Duties Amendment (First Home Plus One) Act 2007](/view/html/repealed/current/act-2007-024)","sortOrder":227},{"sectionNumber":"44","sectionType":"section","heading":"Application of concession for shared equity arrangements","content":"#### 44 Application of concession for shared equity arrangements\n\n44 Application of concession for shared equity arrangements\n\n> The amendments made to this Act by the [Duties Amendment (First Home Plus One) Act 2007](/view/html/repealed/current/act-2007-024) apply in respect of a land tax year commencing on or after 1 January 2008 and do not affect any liability for land tax in respect of a land tax year commencing before that date.","sortOrder":228},{"sectionNumber":"Part 22","sectionType":"part","heading":"Provisions consequent on enactment of State Revenue Legislation Amendment Act 2008","content":"# Part 22 Provisions consequent on enactment of State Revenue Legislation Amendment Act 2008\n\nPart 22 Provisions consequent on enactment of [State Revenue Legislation Amendment Act 2008](/view/html/repealed/current/act-2008-067)","sortOrder":229},{"sectionNumber":"Part 23","sectionType":"part","heading":"Provisions consequent on enactment of State Revenue Legislation Further Amendment Act 2009","content":"# Part 23 Provisions consequent on enactment of State Revenue Legislation Further Amendment Act 2009\n\nPart 23 Provisions consequent on enactment of [State Revenue Legislation Further Amendment Act 2009](/view/html/repealed/current/act-2009-051)","sortOrder":231},{"sectionNumber":"Part 24","sectionType":"part","heading":"Provisions consequent on enactment of State Revenue Legislation Amendment Act 2010","content":"# Part 24 Provisions consequent on enactment of State Revenue Legislation Amendment Act 2010\n\nPart 24 Provisions consequent on enactment of [State Revenue Legislation Amendment Act 2010](/view/html/repealed/current/act-2010-046)","sortOrder":234},{"sectionNumber":"49","sectionType":"section","heading":"Application of amendments","content":"#### 49 Application of amendments\n\n49 Application of amendments\n\n> The amendments made to this Act by the amending Act apply in respect of a land tax year commencing on or after the date of commencement of the amendments and do not affect any liability for land tax in respect of any land tax year commencing before that date, except as otherwise provided by this Part.","sortOrder":236},{"sectionNumber":"Part 25","sectionType":"part","heading":"Provisions consequent on enactment of State Revenue Legislation Further Amendment Act 2010","content":"# Part 25 Provisions consequent on enactment of State Revenue Legislation Further Amendment Act 2010\n\nPart 25 Provisions consequent on enactment of [State Revenue Legislation Further Amendment Act 2010](/view/html/repealed/current/act-2010-118)","sortOrder":239},{"sectionNumber":"Part 26","sectionType":"part","heading":"Provisions consequent on enactment of State Revenue Legislation Amendment Act 2012","content":"# Part 26 Provisions consequent on enactment of State Revenue Legislation Amendment Act 2012\n\nPart 26 Provisions consequent on enactment of [State Revenue Legislation Amendment Act 2012](/view/html/repealed/current/act-2012-020)","sortOrder":241},{"sectionNumber":"53","sectionType":"section","heading":"Amendment relating to special trusts","content":"#### 53 Amendment relating to special trusts\n\n53 Amendment relating to special trusts\n\n> The amendment made to section 3A by the [State Revenue Legislation Amendment Act 2012](/view/html/repealed/current/act-2012-020) is taken to apply to the assessment of land tax liability in respect of the 2000 land tax year and subsequent land tax years.","sortOrder":242},{"sectionNumber":"54","sectionType":"section","heading":"Amendments relating to concessional trusts","content":"#### 54 Amendments relating to concessional trusts\n\n54 Amendments relating to concessional trusts\n\n> The amendments made to section 3B by the [State Revenue Legislation Amendment Act 2012](/view/html/repealed/current/act-2012-020) are taken to apply to the assessment of land tax liability in respect of the 2011 land tax year and subsequent land tax years.","sortOrder":243},{"sectionNumber":"Part 27","sectionType":"part","heading":"Provisions consequent on enactment of State Revenue Legislation Amendment Act 2014","content":"# Part 27 Provisions consequent on enactment of State Revenue Legislation Amendment Act 2014\n\nPart 27 Provisions consequent on enactment of [State Revenue Legislation Amendment Act 2014](/view/html/repealed/current/act-2014-019)","sortOrder":244},{"sectionNumber":"55","sectionType":"section","heading":"General application of amendments","content":"#### 55 General application of amendments\n\n55 General application of amendments\n\n> The amendments made to this Act by the [State Revenue Legislation Amendment Act 2014](/view/html/repealed/current/act-2014-019) apply to the assessment of land tax liability in respect of the 2014 land tax year and subsequent land tax years.","sortOrder":245},{"sectionNumber":"56","sectionType":"section","heading":"Amendments relating to child care services","content":"#### 56 Amendments relating to child care services\n\n56 Amendments relating to child care services\n\n> Section 10 (1) (u) and (v), as inserted by the [State Revenue Legislation Amendment Act 2014](/view/html/repealed/current/act-2014-019), extend to the assessment of land tax liability in respect of the 2013 land tax year.","sortOrder":246},{"sectionNumber":"57","sectionType":"section","heading":"Fixed trusts","content":"#### 57 Fixed trusts\n\n57 Fixed trusts\n\n> A unit trust that satisfies the relevant criteria referred to in section 3A, as amended by the [State Revenue Legislation Amendment Act 2014](/view/html/repealed/current/act-2014-019), by the end of 30 June 2013 is taken to be a fixed trust under section 3A (3) in relation to the 2013 land tax year.","sortOrder":247},{"sectionNumber":"Part 28","sectionType":"part","heading":"Provisions consequent on enactment of State Revenue Legislation Further Amendment Act 2014","content":"# Part 28 Provisions consequent on enactment of State Revenue Legislation Further Amendment Act 2014\n\nPart 28 Provisions consequent on enactment of [State Revenue Legislation Further Amendment Act 2014](/view/html/repealed/current/act-2014-056)","sortOrder":248},{"sectionNumber":"58","sectionType":"section","heading":"General application of amendments","content":"#### 58 General application of amendments\n\n58 General application of amendments\n\n> An amendment made to this Act by the [State Revenue Legislation Further Amendment Act 2014](/view/html/repealed/current/act-2014-056) applies to an assessment of land tax liability in respect of a land tax year that commences after the commencement of the amendment.","sortOrder":249},{"sectionNumber":"Part 29","sectionType":"part","heading":"Provisions consequent on enactment of State Revenue Legislation Amendment Act 2016","content":"# Part 29 Provisions consequent on enactment of State Revenue Legislation Amendment Act 2016\n\nPart 29 Provisions consequent on enactment of [State Revenue Legislation Amendment Act 2016](/view/html/repealed/current/act-2016-014)","sortOrder":250},{"sectionNumber":"59","sectionType":"section","heading":"General application of amendments","content":"#### 59 General application of amendments\n\n59 General application of amendments\n\n> The amendments made to this Act by the [State Revenue Legislation Amendment Act 2016](/view/html/repealed/current/act-2016-014) apply to the assessment of land tax liability in respect of the 2017 land tax year and subsequent land tax years.","sortOrder":251},{"sectionNumber":"Part 30","sectionType":"part","heading":"Provisions consequent on enactment of State Revenue Legislation Amendment Act 2017","content":"# Part 30 Provisions consequent on enactment of State Revenue Legislation Amendment Act 2017\n\nPart 30 Provisions consequent on enactment of [State Revenue Legislation Amendment Act 2017](/view/html/repealed/current/act-2017-011)","sortOrder":252},{"sectionNumber":"60","sectionType":"section","heading":"Amendment applies to new leases only","content":"#### 60 Amendment applies to new leases only\n\n60 Amendment applies to new leases only\n\n> > (1) Section 21CA, as inserted by the [State Revenue Legislation Amendment Act 2017](/view/html/repealed/current/act-2017-011), applies only to leases entered into or renewed on or after 1 January 2018.\n> \n> > (2) Accordingly, section 21CB, as inserted by that Act, does not apply to any land tax amount that is payable for the land tax year commencing on 1 January 2018 or a previous land tax year.\n> > \n> > Note—\n> > \n> > Land tax liability arises at midnight on 31 December.","sortOrder":253},{"sectionNumber":"Part 31","sectionType":"part","heading":"Provisions consequent on enactment of State Revenue and Other Legislation Amendment (Budget Measures) Act 2017","content":"# Part 31 Provisions consequent on enactment of State Revenue and Other Legislation Amendment (Budget Measures) Act 2017\n\nPart 31 Provisions consequent on enactment of [State Revenue and Other Legislation Amendment (Budget Measures) Act 2017](/view/html/repealed/current/act-2017-033)","sortOrder":254},{"sectionNumber":"61","sectionType":"section","heading":"Amendments relating to shared equity schemes","content":"#### 61 Amendments relating to shared equity schemes\n\n61 Amendments relating to shared equity schemes\n\n> The amendments made to Schedule 1A by the [State Revenue and Other Legislation Amendment (Budget Measures) Act 2017](/view/html/repealed/current/act-2017-033) apply to the assessment of land tax liability in respect of the 2018 land tax year and subsequent land tax years.","sortOrder":255},{"sectionNumber":"62","sectionType":"section","heading":"Amendments to Land Tax Act 1956","content":"#### 62 Amendments to Land Tax Act 1956\n\n62 Amendments to [Land Tax Act 1956](/view/html/inforce/current/act-1956-027)\n\n> > (1) The amendments made to the [Land Tax Act 1956](/view/html/inforce/current/act-1956-027) by Schedule 2.2 \\[2\\] and \\[4\\] to the [State Revenue and Other Legislation Amendment (Budget Measures) Act 2017](/view/html/repealed/current/act-2017-033) apply to the assessment of land tax liability in respect of the 2018 land tax year and subsequent tax years.\n> \n> > (2) (Repealed)","sortOrder":256},{"sectionNumber":"62A","sectionType":"section","heading":"Refund of surcharge land tax for 2017 land tax year","content":"#### 62A Refund of surcharge land tax for 2017 land tax year\n\n62A Refund of surcharge land tax for 2017 land tax year\n\n> > (1) The Chief Commissioner must assess or reassess the surcharge land tax chargeable on residential land on the basis that no surcharge land tax is chargeable on the residential land for the land tax year starting on 1 January 2017 if—\n> > \n> > > (a) a liability for surcharge land tax arose at midnight on 31 December 2016, and\n> > \n> > > (b) a relevant determination is made by the Chief Commissioner before 1 January 2018 and is approved by the Treasurer for the purposes of this clause, and\n> > \n> > > (c) the Chief Commissioner is satisfied that no surcharge land tax would have been chargeable on the residential land had the relevant determination been made before the liability for surcharge land tax arose.\n> \n> > (2) A relevant determination is a determination made under section 104I (2) of the [Duties Act 1997](/view/html/inforce/current/act-1997-123) (as inserted by the [State Revenue and Other Legislation Amendment (Budget Measures) Act 2017](/view/html/repealed/current/act-2017-033)).\n> \n> > (3) In the case of a reassessment, the Chief Commissioner must refund any surcharge land tax paid on the residential land if an application for the refund of the land tax is made within 5 years after the initial assessment.\n> \n> > (4) In this clause, residential land has the same meaning as in Chapter 2A of the [Duties Act 1997](/view/html/inforce/current/act-1997-123).\n> \n> > (5) Subclauses (1)–(4) re-enact clause 3 of the [Land Tax Management (Transitional) Regulation 2018](/view/html/repealed/current/sl-2018-0173) and are transferred provisions to which section 30A of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) applies.","sortOrder":257},{"sectionNumber":"Part 32","sectionType":"part","heading":"Provision consequent on enactment of State Revenue Legislation Amendment (Surcharge) Act 2017","content":"# Part 32 Provision consequent on enactment of State Revenue Legislation Amendment (Surcharge) Act 2017\n\nPart 32 Provision consequent on enactment of [State Revenue Legislation Amendment (Surcharge) Act 2017](/view/html/repealed/current/act-2017-067)","sortOrder":258},{"sectionNumber":"Part 33","sectionType":"part","heading":"Provisions consequent on enactment of State Revenue and Other Legislation Amendment Act 2019","content":"# Part 33 Provisions consequent on enactment of State Revenue and Other Legislation Amendment Act 2019\n\nPart 33 Provisions consequent on enactment of [State Revenue and Other Legislation Amendment Act 2019](/view/html/repealed/current/act-2019-008)","sortOrder":260},{"sectionNumber":"Part 34","sectionType":"part","heading":"Provisions consequent on enactment of State Revenue Legislation Further Amendment Act 2020","content":"# Part 34 Provisions consequent on enactment of State Revenue Legislation Further Amendment Act 2020\n\nPart 34 Provisions consequent on enactment of [State Revenue Legislation Further Amendment Act 2020](/view/html/repealed/current/act-2020-014)","sortOrder":263},{"sectionNumber":"66","sectionType":"section","heading":"Amendments relating to discretionary trusts","content":"#### 66 Amendments relating to discretionary trusts\n\n66 Amendments relating to discretionary trusts\n\n> > (1) Section 5D of the [Land Tax Act 1956](/view/html/inforce/current/act-1956-027) applies to the assessment of land tax liability in respect of the 2017 land tax year and subsequent land tax years.\n> \n> > (2) If the trustee of a discretionary trust is liable in that capacity as a foreign person for surcharge land tax in respect of the 2017, 2018, 2019 or 2020 land tax year—\n> > \n> > > (a) the trustee is exempt from that land tax if the terms of the trust have been amended, before payment of the land tax is due and before midnight on 31 December 2020, so that the trust prevents a foreign person from being a beneficiary, or\n> > \n> > > (b) if that land tax has been paid, the trustee is entitled to a refund of that land tax if the terms of the trust have been amended, before midnight on 31 December 2020, so that the trust prevents a foreign person from being a beneficiary.\n> \n> > (3) A trust that satisfies the no foreign beneficiary requirement under section 5D of the [Land Tax Act 1956](/view/html/inforce/current/act-1956-027) immediately before the commencement of that section is considered for the purposes of that section to prevent a foreign person from being a beneficiary of the trust (without having to satisfy the no amendment requirement under that section).\n> \n> > (4) Despite section 5D of the [Land Tax Act 1956](/view/html/inforce/current/act-1956-027), the trustee of an Australian testamentary trust is not in that capacity a foreign person for the purposes of the application of section 5A of that Act to residential land owned by a foreign person if—\n> > \n> > > (a) liability for land tax is required (under clause 9 of Schedule 1A to this Act) to be assessed as if the deceased had not died and had continued to use and occupy the land as his or her principal place of residence, or\n> > \n> > > (b) any of the following apply (even if the trust does not prevent a foreign person from being a beneficiary of the trust)—\n> > > \n> > > > (i) for a trust arising from a will or codicil—the will or codicil was executed on or before 31 December 2020,\n> > > \n> > > > (ii) for a trust arising from the administration of an intestate estate—the deceased died before, or within 2 years after, the commencement of section 5D of the [Land Tax Act 1956](/view/html/inforce/current/act-1956-027),\n> > > \n> > > > (iii) for a trust resulting from an order of a court varying the application of the provisions of a will or codicil or of the rules governing the distribution of an intestate estate—the order was made on or before 31 December 2020.\n> \n> > (5) The Chief Commissioner may in a particular case extend the date by which payment of surcharge land tax by a trustee is due so that the trustee qualifies for exemption from that surcharge land tax under this clause if the terms of the trust have been amended before midnight on 31 December 2020 (but after the date by which payment would otherwise be due) so that the trust prevents a foreign person from being a beneficiary.\n> \n> > (6) In this clause—\n> > \n> > Australian testamentary trust means a discretionary trust arising from a will or codicil or the administration of an intestate estate (or as a result of an order of a court varying the application of the provisions of a will or codicil or of the rules governing the distribution of an intestate estate) where the deceased was not a foreign person immediately before his or her death.\n> \n> > (7) Expressions in this clause have the same meanings as in section 5D of the [Land Tax Act 1956](/view/html/inforce/current/act-1956-027).","sortOrder":264},{"sectionNumber":"Part 35","sectionType":"part","heading":"Provision consequent on enactment of Revenue Legislation Amendment Act 2023","content":"# Part 35 Provision consequent on enactment of Revenue Legislation Amendment Act 2023\n\nPart 35 Provision consequent on enactment of Revenue Legislation Amendment Act 2023","sortOrder":265},{"sectionNumber":"67","sectionType":"section","heading":"Extending period during which unoccupied land may be treated as principal place of residence","content":"#### 67 Extending period during which unoccupied land may be treated as principal place of residence\n\n67 Extending period during which unoccupied land may be treated as principal place of residence\n\n> Schedule 1A, clause 6(7A) is taken to permit the Chief Commissioner to extend a period ending before the commencement of the subclause if the period ended on or after 31 December 2019.","sortOrder":266},{"sectionNumber":"Part 36","sectionType":"part","heading":"Provisions consequent on enactment of Treasury and Revenue Legislation Amendment Act 2023","content":"# Part 36 Provisions consequent on enactment of Treasury and Revenue Legislation Amendment Act 2023\n\nPart 36 Provisions consequent on enactment of [Treasury and Revenue Legislation Amendment Act 2023](/view/pdf/asmade/act-2023-26)","sortOrder":267},{"sectionNumber":"70","sectionType":"section","heading":"Principal place of residence exemption","content":"#### 70 Principal place of residence exemption\n\n70 Principal place of residence exemption\n\n> > (1) Schedule 1A, clause 15 does not prevent a person from being entitled to a principal place of residence exemption in relation to land if the person was previously entitled to the exemption in relation to the land.\n> \n> > (2) This clause ceases to apply at the end of 31 December 2025.","sortOrder":270}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s scope has been altered over time by multiple amending and transitional provisions recorded in Part 3. Examples in the provided notes include: the 2000 and 2003 amendments' treatment of applications and objections (s 26–s 28 of Part 3), the continuation and extension of postponement rules for specific years (s 29(1)–(4)), the amendment to the definition of 'special trust' treated as having effect from 31 Dec 2002 (s 34), changes to the principal place of residence exemption applying from 1 Jan 2004 and with specified retrospective application windows (s 35, s 38), and trust‑related amendments treated as commencing on specific historical dates with reassessment and validation consequences (s 41). These transitional clauses and date‑specific commencements mean the Act’s operative scope for any taxpayer depends on the year of the liability and on which amending provisions are declared to apply to those years."},"complexity_factors":["Extensive, cross‑referenced definitions in s 3 that link to other Acts (Taxation Administration Act, Corporations Act) increasing interpretive complexity.","Chief Commissioner discretion to classify or revoke 'special trust' status and to reject applications (s 25A(1)–(11)), including potential retrospective reassessment (s 25A(10)(c)).","Detailed joint ownership rules that create separate and joint assessments with anti‑double‑taxation deductions and apportionment rules (s 27, s 33, s 34).","Related‑company grouping and 'controlling interest' tests that rely on board composition, voting power and shareholdings, with options for separate or joint assessment (s 29(1)–(7), s 29(1A)).","Multiple administrative mechanisms affecting liability (joint-and-several liability, deductions, apportionment) that interact in nontrivial ways (s 29(5), s 33, s 34).","Important deeming rules for ownership during uncompleted sale agreements that shift tax incidence between vendor and purchaser depending on possession and entitlement to income (s 26).","Payment, discount, and enforcement provisions that affect cashflow and collection risk, including no statute of limitations on recovery (s 39, s 40, s 45).","Numerous transitional and savings clauses (Part 3) that change the Act’s application across different tax years and validate prior acts, requiring historical legal analysis to determine applicable rules for a given year."],"plain_english_summary":"### What this law does, in practice\n\n- It sets rules for who is treated as the owner of land for land tax, how land tax is assessed and apportioned between multiple owners, and how certain ownership structures (trusts and groups of related companies) are treated for land tax purposes (see ss 26, 27, 29, 33, 34, 25A).\n\n- It gives the Chief Commissioner administrative powers to classify land held in trusts as a “special trust” (or to revoke that classification) and to reject trust-related applications where required information is missing or where the application would contravene the trust deed (s 25A(1)–(11), s 25A(10)).\n\n- It specifies how unfinished sale agreements affect who is the owner for tax purposes (vendor or purchaser) and when the purchaser becomes the owner for tax purposes (s 26).\n\n- It prescribes rules for joint owners: when they are assessed together on the aggregate value, when they are assessed separately, how to avoid double taxation between a primary and secondary taxpayer, and how exemptions interact with joint ownership (s 27, s 33).\n\n- It defines when companies are “related”, how related companies can be grouped for assessment, and that related companies can be jointly and severally liable for land tax (s 29(1)–(7)). The term “controlling interest” and board control are specifically defined (s 29(1A), s 29(2)).\n\n- It explains how a person’s land tax liability for a particular parcel or interest is calculated as a proportion of their total land holdings (s 34), when tax is due and payable (s 39), the availability and formula of an early-payment discount (s 40), and that there is no statute of limitations on recovering land tax (s 45).\n\n- It contains many transitional and savings provisions that limit how later amendments apply to earlier tax years and that validate certain pre-amendment acts or decisions (see Part 3: various clauses dealing with amendments from 2000–2006, including s 29(1)–(4), s 34–s 42). These set when particular changes take effect and whether they alter earlier liabilities.\n\n### Who this affects\n\n- Owners of land (including purchasers under sale agreements) and joint owners (s 26, s 27).  \n- Trustees and beneficiaries of trusts holding land, because the Chief Commissioner can classify trust-held land as a special trust and make tax assessments accordingly (s 25A).  \n- Companies within corporate groups, because related-company rules determine grouping, assessment method, and joint liability (s 29).  \n- Anyone required to provide information or to apply in a Commissioner-approved form — failure to supply required information can trigger classification, rejection of applications, or reassessments (s 25A(2), s 25A(9)–(10)).\n\n### Why it matters (stated purpose and the practical mechanics)\n\n- The Act sets mechanical rules to determine the taxable person and to prevent multiple taxation on the same land by allocating tax across multiple interests (s 27, s 33, s 34). That is, it both designates who pays and provides a deduction/apportionment mechanism so the same value is not taxed more than once across different assessments.\n\n- The Chief Commissioner’s classification power for trusts (s 25A) is a compliance and enforcement tool: the Commissioner can treat trusts as \"special\" where information is not supplied or where particular trust structures exist, and that classification changes how tax is assessed. The Commissioner may also require applications in a Commissioner-approved form with supporting information (s 25A(9)).\n\n- Grouping rules for related companies (s 29) create a mechanism to treat economically connected companies as a single tax unit for some assessments, or to split them into concessional and non-concessional categories for liability purposes.\n\n### Costs, incentives and trade-offs (mechanisms, with section references)\n\n- Who pays: the owner as defined by the Act, the registered proprietor or vendor under uncompleted sale agreements, or the purchaser if they have exclusive possession or entitlement to rents/profits (s 26). Related companies can be jointly and severally liable, which spreads legal exposure across group members (s 29(5)).\n\n- Who decides: the Chief Commissioner has discretion to classify/revoke special-trust status, to reject trustee applications that contravene the trust deed or lack required information, and to assess/reassess non-fixed trusts on a special-trust basis (s 25A(1)–(11), s 25A(10)(a)–(c)). That discretion creates implementation risk and a dependency on administrative processes.\n\n- Compliance burden: trustees and related companies must supply required information and use approved forms for applications (s 25A(9)–(10)). Failure to provide information may cause adverse classification or reassessment (s 25A(2), s 25A(10)(b)–(c)).\n\n- Certainty vs retrospective adjustment: the Commissioner may assess or reassess land tax for non-fixed trusts on the basis of special-trust treatment including for years before classification (s 25A(10)(c)). Revocation and classification applications can take effect for initial assessments made on or after the relevant date but may also affect an assessment if applied within the objection period (s 25A(3)–(4), s 25A(6)–(8)). These provisions create the possibility of retrospective tax adjustments and increase uncertainty for trustees and beneficiaries.\n\n- Interaction with corporate structuring: the Act’s definition of related companies and controlling interest (s 29(1)–(2), s 29(1A)) changes incentives for how shareholdings, board control, and trustee/nominee holdings are arranged, because grouping affects whether companies are jointly assessed and jointly liable (s 29(3)–(6)).\n\n- Double-taxation avoidance mechanism: the Act provides a specific deduction rule to prevent double taxation between primary and secondary taxpayers, but it also keeps secondary taxpayers formally assessed (s 33). This preserves an administrable record of liabilities while limiting net double payment.\n\n- Payment incentives and collection risk: an early-payment discount is available if the whole assessment is paid within 30 days and there are no outstanding land-tax liabilities (s 40). There is no statute of limitations on recovering land tax (s 45), which removes temporal limits on enforcement.\n\n### Implementation risks and substitution effects\n\n- Administrative discretion over trust classification and the power to reject applications introduce the risk that taxpayers will need to engage in time-consuming information exchanges and possibly legal challenges (s 25A(9)–(11)).\n\n- The ability to treat non‑fixed trusts as special trusts for prior years (s 25A(10)(c)) may produce tax outcomes that differ from taxpayer expectations formed at the time of transactions, encouraging taxpayers to restructure ownership forms or to provide fuller documentation to avoid reclassification.\n\n- Related-company grouping and joint-and-several liability (s 29) create an incentive to reorganise corporate ownership, share classes, or board control to manage exposure.\n\n### Cross‑references and dependencies\n\n- Several definitions and functions refer to other statutes (for example, the Taxation Administration Act 1996, Corporations Act references in the definitions at s 3 and for the Chief Commissioner role). Transitional clauses in Part 3 record multiple later amendments and specify to which tax years each amendment applies (Part 3: multiple clauses including s 29(1)–(4), s 34–s 42)."},"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The original 1956 Act was a relatively straightforward statute focused on the assessment and collection of land tax on the unimproved value of land, with basic exemptions for Crown land, churches, hospitals and similar public-benefit uses (then s 10). Successive amendments, especially since the 1980s, have dramatically expanded its scope. It now incorporates detailed social-policy concessions (principal-place-of-residence rules in Schedule 1A with absences, death, shared-equity and first-home-buyer extensions), economic incentives (primary-production exemption, build-to-rent 50% reductions in ss 9E–9F, low-cost-accommodation relief in s 10Q), environmental measures (biodiversity and conservation-agreement exemptions in s 10(1)(p)–(p2)), and sophisticated anti-avoidance and classification mechanisms for trusts (ss 3A–3C, 25A). The 2024 insertion of s 3C (CCIVs deemed to be unit trusts and special trusts) further broadens the Act into collective-investment vehicles. What began as a pure revenue statute has become a hybrid regulatory instrument advancing housing, agricultural, charitable, environmental and investment-policy goals."},"complexity_factors":["Over 40 defined terms in s 3 (including owner, joint owners, special trust, concessional trust, residential unit, CCIV concepts cross-referencing the Corporations Act 2001)","Extensive cross-references to the Valuation of Land Act 1916 (land values, average value, apportionment factors, heritage and unutilised value allowances), Taxation Administration Act 1996 (assessments, objections, collection) and other statutes","Nested conditional logic in exemptions (s 10 with 20+ paragraphs, Schedule 1A with 15 clauses containing multiple 'if' tests, disregard rules and revocation triggers)","Multi-layered trust provisions (ss 3A–3C, 25A, 25, Schedule 1AA) with fixed-trust tests, beneficiary deeming, superannuation and family-unit-trust concessions","Technical valuation mechanics (ss 9–9AA, 9A–9F) involving three-year averaging, land-value adjustments, heritage-protected land, build-to-rent 50% reductions and claw-back reassessments up to 15 years","Separate liability rules for joint owners (s 27), mortgagees (ss 22–23), trustees (s 24), purchasers/vendors (s 26), lessees of Crown/council land (s 21C) and strata (ss 9B, 21A–21B, 21D)","Recent policy overlays (CCIV deeming in s 3C inserted 2024, build-to-rent in ss 9E–9F inserted 2020/2025) that interact with guidelines approved by the Treasurer"],"plain_english_summary":"**The Land Tax Management Act 1956** is New South Wales' core law for imposing, assessing, collecting and managing land tax – an annual state tax on the unimproved value of land above certain thresholds. It defines key concepts such as who counts as an 'owner' (including equitable owners, mortgagees in possession, trustees and certain lessees), how taxable value is worked out (using a three-year average of land values from the Register kept under the Valuation of Land Act 1916, with adjustments for heritage, subdivision or unutilised value), the tax thresholds, and the rates (set in the companion Land Tax Act 1956). \n\nThe Act affects every person or entity that owns or has an interest in NSW land at midnight on 31 December each year, including individuals, companies, trustees, joint owners, lessees of Crown or council land, and beneficiaries of trusts. It provides a wide range of exemptions and concessions that matter to ordinary homeowners (principal place of residence exemption in Schedule 1A), farmers (primary production exemption under s 10AA), charities, religious bodies, schools, retirement villages, build-to-rent developers (50% land-value reduction under ss 9E–9F), and others. Special rules govern trusts (ss 3A–3C, 25A), strata and company-title properties (ss 9B, 21A–21B, 21D), joint ownership (s 27), related companies (s 29) and purchasers/vendors (s 26). \n\nIt matters because it raises significant revenue for public services while deliberately carving out relief for family homes, productive land and community purposes. Administration is integrated with the Taxation Administration Act 1996 (returns, assessments, objections, interest and penalties). The Act is heavily cross-referenced and has been substantially expanded over time with policy-driven concessions, making compliance intricate but offering meaningful tax savings for eligible landowners."},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's original 1956 scope was a relatively straightforward administrative framework for land tax collection in post-war NSW. Over nearly 70 years of amendments, it has expanded significantly to address complex modern issues including: sophisticated anti-avoidance grouping rules for companies and trusts, detailed exemption regimes (e.g., primary production, aged care, charities, managed investment trusts), foreign person surcharge provisions, and alignment with modern tax administration practices. What began as a basic collection mechanism is now a complex multi-layered statute covering a wide range of property ownership structures and tax policy objectives."},"complexity_factors":["Extremely long legislative history — over 70 distinct versions since 2001, reflecting constant amendment and policy change","Operates in conjunction with companion legislation (the Land Tax Act 1956 and Valuation of Land Act), requiring cross-referencing between multiple laws","Covers multiple complex areas simultaneously: tax assessment methodology, exemptions (including principal place of residence, primary production, charities), grouping provisions for related entities, objection and appeal mechanisms, and enforcement powers","Grouping rules for companies and trusts are technically intricate and require understanding of corporate and trust law","Retrospective amendments and transitional provisions from decades of changes create interpretive difficulty","Interaction with Commonwealth legislation (e.g., superannuation fund rules) and other NSW laws adds further cross-jurisdictional complexity","Responsible to two ministers (Treasurer and Minister for Finance), indicating broad administrative scope","Originated in 1956 — nearly 70 years of accumulated provisions, some of which reflect outdated drafting styles"],"plain_english_summary":"## NSW Land Tax Management Act 1956\n\n**What is this?**\nThis is a New South Wales (NSW) law that sets out the administrative rules for how **land tax** is managed and collected in NSW. Land tax is an annual tax that most property owners (other than those living in their own home) pay on the value of land they own.\n\n**Who does it affect?**\nAnyone who owns land in NSW — particularly investors, companies, trusts, and developers who own property beyond their primary home. If you own a rental property, commercial land, or vacant land in NSW, this Act is directly relevant to you.\n\n**What does it actually do?**\nRather than setting the tax rates themselves (that's done in a companion law, the *Land Tax Act 1956*), this Act handles the **machinery** of land tax — essentially the \"how\" of the system:\n- How land tax is assessed (calculated) and who has to pay it\n- How and when notices are issued to taxpayers\n- What exemptions may apply (e.g., your family home — called the \"principal place of residence\" — is generally exempt)\n- How objections and appeals work if you disagree with your assessment\n- The powers of Revenue NSW (the government agency that collects state taxes) to investigate and enforce compliance\n- Penalties for not paying or for providing false information\n- Rules about grouping related companies or trusts together for tax purposes\n\n**Why does it matter to you?**\nIf you receive a land tax assessment and think it's wrong — for example, you believe you qualify for an exemption, or the land value used is incorrect — this Act tells you how to challenge it and what your rights are. It also tells Revenue NSW what it can and can't do when chasing unpaid land tax.\n\n**One important note:** This Act has been amended **over 70 times** since 2001 alone, meaning the rules have changed frequently. Always check the current version applies to your situation."}},"importantCases":[],"_links":{"self":"/api/acts/land-tax-management-act-1956","history":"/api/acts/land-tax-management-act-1956/history","analysis":"/api/acts/land-tax-management-act-1956/analysis","conflicts":"/api/acts/land-tax-management-act-1956/conflicts","importantCases":"/api/acts/land-tax-management-act-1956/important-cases","documents":"/api/acts/land-tax-management-act-1956/documents"}}