sec.44AReassessment—transitioning to or from current home

sec.44A Reassessment—transitioning to or from current home

This section applies if a person’s liability for land tax is assessed on the basis that the person is, under section 42A , the owner of an old home that is exempt land for a financial year (the relevant year ), but— on the liability date mentioned in section 42A (1) (b) (iii) , the person is still the owner of the old home; or the old home is not exempt under section 42A (2) because the person has received rents or profits in the way mentioned in section 42A (3) . This section also applies if a person’s liability for land tax is assessed on the basis that the person is, under section 42B , the owner of a new home that is exempt land for a financial year (also the relevant year ), but— on the liability date mentioned in section 42B (1) (a) (ii) , the person is still the owner of the current home mentioned in that section; or on the liability date mentioned in section 42B (1) (b) (iii) , the new home is not exempt or partially exempt land under section 41 or 42 for the person; or on the liability date mentioned in section 42B (1) (b) (iv) , the person is not the owner of the new home; or the new home is not exempt under section 42B (2) because the person has received rents or profits in the way mentioned in section 42B (3) . Each matter mentioned in subsection (1) (a) and (b) and (2) (a) to (d) is a relevant matter . The person must give notice to the commissioner stating the details of the relevant matter. Under the Administration Act , the requirement under this subsection is a lodgement requirement for which a failure to comply is an offence under section 121 of that Act. The notice mentioned in subsection (4) must be given within 28 days after the day the relevant matter happens, or the circumstances comprising the relevant matter arise. The commissioner must make a reassessment of the person’s liability for land tax for the relevant year on the basis that the land was not exempt land. s 44A ins 2014 No. 35 s 16 amd 2016 No. 64 s 15 (sec.44A-ssec.1) This section applies if a person’s liability for land tax is assessed on the basis that the person is, under section 42A , the owner of an old home that is exempt land for a financial year (the relevant year ), but— on the liability date mentioned in section 42A (1) (b) (iii) , the person is still the owner of the old home; or the old home is not exempt under section 42A (2) because the person has received rents or profits in the way mentioned in section 42A (3) . (sec.44A-ssec.2) This section also applies if a person’s liability for land tax is assessed on the basis that the person is, under section 42B , the owner of a new home that is exempt land for a financial year (also the relevant year ), but— on the liability date mentioned in section 42B (1) (a) (ii) , the person is still the owner of the current home mentioned in that section; or on the liability date mentioned in section 42B (1) (b) (iii) , the new home is not exempt or partially exempt land under section 41 or 42 for the person; or on the liability date mentioned in section 42B (1) (b) (iv) , the person is not the owner of the new home; or the new home is not exempt under section 42B (2) because the person has received rents or profits in the way mentioned in section 42B (3) . (sec.44A-ssec.3) Each matter mentioned in subsection (1) (a) and (b) and (2) (a) to (d) is a relevant matter . (sec.44A-ssec.4) The person must give notice to the commissioner stating the details of the relevant matter. Under the Administration Act , the requirement under this subsection is a lodgement requirement for which a failure to comply is an offence under section 121 of that Act. (sec.44A-ssec.5) The notice mentioned in subsection (4) must be given within 28 days after the day the relevant matter happens, or the circumstances comprising the relevant matter arise. (sec.44A-ssec.6) The commissioner must make a reassessment of the person’s liability for land tax for the relevant year on the basis that the land was not exempt land.