39AJoint assessments for unoccupied land subsequently used as principal place of residence

39A Joint assessments for unoccupied land subsequently used as principal place of residence (1) This section applies in respect of a year if— (a) land owned by joint owners is exempt land under section 61; and (b) as at 31 December in the preceding year— (i) one or more of the joint owners is not— (A) a qualifying person in relation to the land; or (B) an eligible trustee in relation to the land; or (C) an eligible restricted owner in relation to the land; or (ii) one or more qualifying persons in relation to the land does not intend to continuously use and occupy the land as their principal place of residence for a period of at least 6 months commencing on or before the qualifying occupation date. (2) For the purposes of section 38— (a) the joint owners are not to be jointly assessed for land tax in respect of the land under section 38(2), (2A) or (2B); and (b) the land is taxable land in relation to the following joint owners— (i) a joint owner who is not— (A) a qualifying person in relation to the land; or (B) an eligible trustee in relation to the land; or (C) an eligible restricted owner in relation to the land; S. 39A(2)(b)(ii) amended by No. 18/2023 s. 55(1). (ii) a joint owner who is a qualifying person who does not intend to continuously use and occupy the land as the joint owner's principal place of residence for a period of at least 6 months commencing on or before the qualifying occupation date; (iii) a joint owner who is an eligible trustee, if a vested beneficiary does not intend to continuously use and occupy the land as the vested beneficiary's principal place of residence for a period of at least 6 months commencing on or before the qualifying occupation date; (iv) a joint owner who is an eligible restricted owner in relation to the land, if a natural person who has a right to reside on the land does not intend to continuously use and occupy the land as the person's principal place of residence for a period of at least 6 months commencing on or before the qualifying occupation date; and (c) each joint owner referred to in paragraph (b) may be separately assessed in respect of the land under section 38(3). ***eligible restricted owner***, in relation to land, means an owner of land on which a natural person has a right to reside; ***eligible trustee***, in relation to land, means trustee of a trust to which the land is subject and for which there is a vested beneficiary; ***qualifying occupation*** ***date*** has the same meaning as it has in section 52(1); ***qualifying person*** has the same meaning as it has in section 52(1); ***right to reside***—see section 53A; ***trustee*** has the same meaning as it has in section 52(1). S. 39B inserted by No. 23/2022 s. 17. 39B Joint assessments for unoccupied land subsequently used as principal place of residence—residence requirement completed by some but not all (1) This section applies in respect of a year if— (a) land owned by joint owners is exempt land under section 61; and (b) at least one of the following conditions is satisfied in relation to the land— S. 39B(1)(b)(i) amended by No. 18/2023 s. 55(2). (i) one or more, but not all, of the joint owners is a qualifying person who did not continuously use and occupy the land as the joint owner's principal place of residence for a period of at least 6 months commencing on or before the qualifying occupation date; (ii) one or more, but not all, of the joint owners is an eligible trustee and a vested beneficiary did not continuously use and occupy the land as the vested beneficiary's principal place of residence for a period of at least 6 months commencing on or before the qualifying occupation date; (iii) one or more, but not all, of the joint owners is an eligible restricted owner, and a natural person who has right to reside on the land did not continuously use and occupy the land as the person's principal place of residence for a period of at least 6 months commencing on or before the qualifying occupation date. (2) For the purposes of section 38— (a) the joint owners are not to be jointly assessed for land tax in respect of the land under section 38(2), (2A) or (2B); and (b) the land is taxable land in relation to each joint owner referred to in subsection (1)(b); and (c) each joint owner referred to subsection (1)(b) may be separately assessed in respect of the land under section 38(3). ***eligible restricted owner***, in relation to land, means an owner of land on which a natural person has a right to reside; ***eligible trustee***, in relation to land, means trustee of a trust to which the land is subject and for which there is a vested beneficiary; ***qualifying occupation*** ***date*** has the same meaning as it has in section 52(1); ***qualifying person*** has the same meaning as it has in section 52(1). ***right to reside***—see section 53A; ***trustee*** has the same meaning as it has in section 52(1).