38Special rate of land tax

38 Special rate of land tax

(1)  [Section 38 Subsection (1) amended by No. 40 of 2006, s. 26, Applied:01 Jul 2007] The Commissioner, on application, may determine that land tax in respect of land owned by a club or body of persons be at a special rate if satisfied that –

(a) the land is used principally for the purpose of cricket, football, golf, tennis, bowls or other athletic sports or exercises and not for the pecuniary profit of the members of that club or body; or

(b) the club or body of persons is formed for the purpose of promoting or controlling horseracing, trotting-racing, dog-racing or the racing of motor vehicles and the land is used principally for those purposes.

(2)  The special rate of land tax is –

(a) [Section 38 Subsection (2) amended by No. 43 of 2016, s. 15, Applied:31 Oct 2016] [Section 38 Subsection (2) amended by No. 9 of 2024, s. 7, Applied:01 Jul 2024] four-tenths of a cent for every dollar of so much of the assessed land value of the land as is more than the exempt amount and zero cents for every dollar of so much of the assessed land value of the land as is equal to, or less than, the exempt amount; or

(b) [Section 38 Subsection (2) amended by No. 40 of 2006, s. 26, Applied:01 Jul 2007] any greater proportion the Commissioner determines.

(2A)  [Section 38 Subsection (2A) inserted by No. 9 of 2024, s. 7, Applied:01 Jul 2024] In subsection (2)(a)  –

exempt amount means the assessed land value for which no land tax is payable, as specified in Schedule 1 to the Land Tax Rating Act 2000 .

(3)  If a club or body of persons mentioned in subsection (1) sells or otherwise disposes of, or otherwise uses, any part of any land in respect of which a special rate of land tax applies for any purpose other than for the purpose of public recreation or amusement –