Land Tax Act 2010
sec.58YLimitation on recovery of unpaid land tax on reassessment of previous owner
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sec.58Y Limitation on recovery of unpaid land tax on reassessment of previous owner
This section applies if— a taxpayer’s liability for land tax for a financial year is assessed on the basis that land is land used for an eligible BTR development; and before the taxpayer acquired the land, another person’s liability for land tax for a previous financial year was assessed on the basis that the land was used for an eligible BTR development; and after the taxpayer acquired the land, a reassessment is made under this division for the previous financial year on the basis that the land is not, or as if the land were not, land used for an eligible BTR development. Despite part 7 , unpaid land tax imposed under the reassessment— may only be recovered as a debt from the person mentioned in subsection (1) (b) ; and is not a charge on the land. s 58Y ins 2023 No. 18 s 12 (sec.58Y-ssec.1) This section applies if— a taxpayer’s liability for land tax for a financial year is assessed on the basis that land is land used for an eligible BTR development; and before the taxpayer acquired the land, another person’s liability for land tax for a previous financial year was assessed on the basis that the land was used for an eligible BTR development; and after the taxpayer acquired the land, a reassessment is made under this division for the previous financial year on the basis that the land is not, or as if the land were not, land used for an eligible BTR development. (sec.58Y-ssec.2) Despite part 7 , unpaid land tax imposed under the reassessment— may only be recovered as a debt from the person mentioned in subsection (1) (b) ; and is not a charge on the land.
- (a) a taxpayer’s liability for land tax for a financial year is assessed on the basis that land is land used for an eligible BTR development; and
- (b) before the taxpayer acquired the land, another person’s liability for land tax for a previous financial year was assessed on the basis that the land was used for an eligible BTR development; and
- (c) after the taxpayer acquired the land, a reassessment is made under this division for the previous financial year on the basis that the land is not, or as if the land were not, land used for an eligible BTR development.
- (a) may only be recovered as a debt from the person mentioned in subsection (1) (b) ; and
- (b) is not a charge on the land.