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Land Tax Act 2005
63GExemption continues on death of resident
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63G Exemption continues on death of resident
(1) If temporary residence land is used and occupied as the principal place of residence of a person and the person dies, liability for tax is to be assessed as if the person had not died but had continued to use and occupy the land as the person's principal place of residence.
(2) Subsection (1) operates only until the earlier of—
(a) the third anniversary of the person's death or the expiry of the further period approved by the Commissioner under subsection (3); or
(c) the day on which the person's interest in the land vests in a person (other than the person's personal representative) under the administration of the person's estate.
(3) For the purposes of subsection (2)(a), the Commissioner may approve a further period in any particular case.
(4) Subsection (1) does not apply if the person who dies held a life estate in possession in the land.
(5) Subsection (1) does not apply in respect of a year if any income was derived from the land in the year preceding the tax year.
S. 63H inserted by No. 48/2025 s. 32.