QLDIn ForceAct
Duties Act 2001
sec.245DWhen a person obtains a BTR land tax concession or is ineligible to obtain a BTR land tax concession
Start here
Get a plain-English read of sec.245D
Turn the raw legal text into a practical explanation grounded in Duties Act 2001.
### sec.245D When a person obtains a BTR land tax concession or is ineligible to obtain a BTR land tax concession
A person obtains a BTR land tax concession , in relation to land for a financial year, if the person’s liability under the Land Tax Act 2010 for land tax for the financial year is assessed on the basis that a concession under section 58B of that Act applies in relation to the land.
See the Land Tax Act 2010 , section 7 for when a liability for land tax arises.
To remove any doubt, it is declared that subsection (1) does not apply if the person’s liability for the financial year is later reassessed under the Land Tax Act 2010 , part 6A , division 5 on the basis that the concession under section 58B of that Act does not apply in relation to the land.
A person is ineligible to obtain a BTR land tax concession , in relation to land for a financial year, if the person’s liability under the Land Tax Act 2010 for land tax for the financial year would be assessed on the basis that a concession under section 58B of that Act does not apply in relation to the land, whether or not—
a liability for land tax for the financial year has arisen; or
the time for making an assessment has arisen.
s 245D ins 2023 No. 18 s 4
(sec.245D-ssec.1) A person obtains a BTR land tax concession , in relation to land for a financial year, if the person’s liability under the Land Tax Act 2010 for land tax for the financial year is assessed on the basis that a concession under section 58B of that Act applies in relation to the land. See the Land Tax Act 2010 , section 7 for when a liability for land tax arises.
(sec.245D-ssec.2) To remove any doubt, it is declared that subsection (1) does not apply if the person’s liability for the financial year is later reassessed under the Land Tax Act 2010 , part 6A , division 5 on the basis that the concession under section 58B of that Act does not apply in relation to the land.
(sec.245D-ssec.3) A person is ineligible to obtain a BTR land tax concession , in relation to land for a financial year, if the person’s liability under the Land Tax Act 2010 for land tax for the financial year would be assessed on the basis that a concession under section 58B of that Act does not apply in relation to the land, whether or not— a liability for land tax for the financial year has arisen; or the time for making an assessment has arisen.
- (a) a liability for land tax for the financial year has arisen; or
- (b) the time for making an assessment has arisen.