38Assessment of joint owners of land

38 Assessment of joint owners of land

S. 38(1) amended by No. 28/2017 s. 57.

(1) Joint owners of taxable land are to be assessed for land tax (other than vacant residential land tax) on land in accordance with this section.

Note to s. 38(1) inserted by No. 26/2015 s. 30(1).

Joint owners of taxable land include absentee owners who own land jointly and absentee owners who own land jointly with owners who are not absentee owners.

S. 38(2) amended by No. 26/2015 s. 30(2).

(2) Subject to subsections (2A) and (2B), joint owners of taxable land are to be jointly assessed for land tax on the land as if it were owned by a single person, without regard to—

(a) the separate interest of each joint owner; or

(b) any other land owned by any joint owner (either alone or jointly with someone else).

S. 38(2A) inserted by No. 26/2015 s. 30(3).

(2A) In the case where all of the joint owners of taxable land are absentee owners, the joint owners are to be jointly assessed for land tax on the land as if it were owned by an absentee owner who is not a trustee of an absentee trust.

Under subsection (2A), the joint absentee owners will be jointly assessed for land tax at the applicable rates set out in Part 4 of Schedule 1. In addition, subsections (3) to (6) apply in relation to how each joint owner is to be separately assessed.

S. 38(2B) inserted by No. 26/2015 s. 30(3).

(2B) In the case where at least one but not all of the joint owners of taxable land is not an absentee owner, the joint owners are to be jointly assessed for land tax on the land as if it were owned by an owner who was not an absentee owner.

Under subsection (2B), the joint owners will be jointly assessed for land tax at the applicable rates set out in Part 1 of Schedule 1. In addition, subsections (3) to (6) apply in relation to how each joint owner is to be separately assessed.

S. 38(3) amended by No. 26/2015 s. 30(4).

(3) In addition, each joint owner of taxable land is to be separately assessed for land tax on—

(a) the owner's individual interest in the land (as if the owner were the owner of a part of the land in proportion to that interest); and

(b) any other taxable land owned by the owner alone; and

(c) the owner's individual interest in any other taxable land.

S. 38(3A) inserted by No. 47/2020 s. 42.

(3A) For the purpose of assessing land tax under subsection (3), joint owners of taxable land who are joint tenants of the land are taken to hold the land as tenants in common in equal shares.

(4) There is to be deducted from the land tax assessed for a joint owner under subsection (3) an amount (if any) necessary to avoid double taxation, being the lesser of—