16HCommissioner may publish circumstances where owner of land is not foreign person

16H Commissioner may publish circumstances where owner of land is not foreign person

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

(1)  The Commissioner may publish, in a manner that is freely available to members of the public, circumstances in which the owner of land is not taken to be a foreign person for the purposes of this Act.

(2)  Circumstances published under subsection (1) are in force only while the circumstances remain so published.

(3)  An owner of land is not a foreign person for a financial year, for the purposes of this Act, if the circumstances, published under subsection (1) , that are in force at the commencement of the financial year apply in relation to the owner of land.

(4)  An owner of land may apply to the Commissioner, in writing, to reassess the foreign investor land tax paid in respect of a financial year if –

(a) the owner has paid foreign investor land tax in respect of the financial year; and

(b) the circumstances, published under subsection (1) , that are in force at the commencement of the financial year, apply in relation to the owner of land.

(5)  If the Commissioner receives an application under subsection (4) and the Commissioner is satisfied that the circumstances, published under subsection (1) , that were in force at the commencement of the financial year, apply in relation to the applicant, the Commissioner must –

(a) reassess the foreign investor land tax payable for the financial year as if, at the commencement of the financial year, the applicant was not a foreign person; and

(b) refund any amount of foreign investor land tax paid by the applicant for the financial year that is in excess of the amount of foreign investor land tax so reassessed.