Land Tax Act 2010
sec.58UEffect of ruling about concession
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sec.58U Effect of ruling about concession
This section applies if the commissioner has, on an application for a ruling under section 58T , decided that a taxpayer’s liability for land tax for a financial year will be assessed on the basis that a concession under section 58B applies in relation to the land. The commissioner must, on an application by the taxpayer under section 58S , assess the taxpayer’s liability for land tax for the financial year on the basis that the concession under section 58B applies in relation to the land. However, subsection (2) does not apply if— the information given with the application for the concession differs in a material particular from the information given with the application for the ruling; or The information given with the application for the ruling included information about meeting the discounted rent housing requirements mentioned in division 3 , subdivision 4 . The information given with the application for the concession differs in a material respect and the discounted rent housing requirements are not met for the financial year. the circumstances existing at the time the application for the concession is made are materially different from the circumstances existing at the time the application for the ruling was made; or the information given with the application for the ruling was false or misleading in a material particular; or both of the following apply— after the ruling is made but before the application for the concession is decided, a legislative change takes effect, a judgment of a court is given or a decision by QCAT is made; the legislative change, judgment or decision would, if it had taken effect or been given or made before the ruling was made, have materially affected the ruling made by the commissioner. In this section— information includes a document. s 58U ins 2023 No. 18 s 12 (sec.58U-ssec.1) This section applies if the commissioner has, on an application for a ruling under section 58T , decided that a taxpayer’s liability for land tax for a financial year will be assessed on the basis that a concession under section 58B applies in relation to the land. (sec.58U-ssec.2) The commissioner must, on an application by the taxpayer under section 58S , assess the taxpayer’s liability for land tax for the financial year on the basis that the concession under section 58B applies in relation to the land. (sec.58U-ssec.3) However, subsection (2) does not apply if— the information given with the application for the concession differs in a material particular from the information given with the application for the ruling; or The information given with the application for the ruling included information about meeting the discounted rent housing requirements mentioned in division 3 , subdivision 4 . The information given with the application for the concession differs in a material respect and the discounted rent housing requirements are not met for the financial year. the circumstances existing at the time the application for the concession is made are materially different from the circumstances existing at the time the application for the ruling was made; or the information given with the application for the ruling was false or misleading in a material particular; or both of the following apply— after the ruling is made but before the application for the concession is decided, a legislative change takes effect, a judgment of a court is given or a decision by QCAT is made; the legislative change, judgment or decision would, if it had taken effect or been given or made before the ruling was made, have materially affected the ruling made by the commissioner. (sec.58U-ssec.4) In this section— information includes a document.