16FDetermination as to whether person is foreign person or land is capable of certain use

16F Determination as to whether person is foreign person or land is capable of certain use

[Section 16F of Part 2 Inserted by No. 16 of 2022, s. 8, Applied:01 Jul 2022]

(1)  For the purposes of this Division and for the avoidance of doubt, the Commissioner may make a determination that a person is a foreign person if the Commissioner is satisfied, on the basis of any information available to the Commissioner, that the person is a foreign person.

(2)  For the purposes of this Division, the Commissioner may make a determination that a person is a foreign person if the person has failed to provide to the Commissioner, within the period specified in a notice to the person under section 65 of the Taxation Administration Act 1997 or any extended period that the Commissioner allows, information that the Commissioner requires in order to determine whether the person is a foreign person.

(3)  For the purposes of this Division, the Commissioner may make a determination that land is, or will be, capable of being lawfully used primarily for residential purposes if the Commissioner is satisfied, on reasonable grounds, that at least 50% of the land is, or will be, capable of being used for such a purpose, whether or not the land is, or will be, capable of use for another purpose.