46AGeneral land tax surcharge for trusts

46A General land tax surcharge for trusts (1) A person who is the owner of land as trustee of a trust is liable for land tax on the land at the applicable rate set out in Part 3 of Schedule 1. (2) The trustee is to be assessed for land tax on the whole of the land subject to the trust as if the land were the only land owned by the trustee. (3) This section does not apply to— S. 46A(3)(a) substituted by No. 83/2009 s. 9(1)(a). (a) land subject to a unit trust scheme if an appointment of a nominated PPR beneficiary for the scheme is in force and the land is— (i) used and occupied as the principal place of residence of the nominated PPR beneficiary; and (ii) not used to carry on a substantial business activity; or (b) land subject to a discretionary trust if— (i) an appointment of a nominated beneficiary for the trust is in force; or S. 46A(3)(b)(ii) substituted by No. 83/2009 s. 9(1)(b). (ii) an appointment of a nominated PPR beneficiary for the trust is in force and the land is— (A) used and occupied as the principal place of residence of the nominated PPR beneficiary; and (B) not used to carry on a substantial business activity; or S. 46A(3)(c) amended by No. 68/2007 s. 10(a). (c) land subject to an excluded trust; or S. 46A(3)(d) inserted by No. 68/2007 s. 10(b). (d) land subject to an administration trust. S. 46A(3A) inserted by No. 47/2020 s. 44. (3A) Subsection (3)(a) or (b)(ii) does not apply if rent is paid by or on behalf of the nominated PPR beneficiary for use and occupation of the land. (4) This section is subject to sections 46B and 46C. (5) A trustee of child maintenance land who would be liable to land tax in accordance with subsection (1) but for this subsection is liable for land tax at the applicable rate set out in Part 1 of Schedule 1, and is to be assessed for that tax as if the child maintenance land were the only land owned by the trustee. S. 46A(6) inserted by No. 83/2009 s. 9(2). (6) In determining whether land is used by a person to carry on a substantial business activity, account must be taken of the factors referred to in section 62(2). S. 46A(7) inserted by No. 38/2023 s. 38. (7) There is to be added to the land tax payable by the trustee under subsection (2) on the whole of the land subject to the scheme or trust the amount (if any) determined by applying the applicable rate in Part 6 of Schedule 1 to the total taxable value of the land if— (a) in the case of a unit trust scheme that is not an absentee trust, the scheme has a nomination in force under section 46H; or (b) in the case of a discretionary trust that is not an absentee trust, the trust— (i) has a nomination in force under section 46H; and (ii) does not have a nomination in force under section 46F. S. 46B inserted by No. 85/2005 s. 27.