Land Tax Act 2010
sec.63RRecovery of windfall tax from mortgagee
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sec.63R Recovery of windfall tax from mortgagee
This section applies if— invalid land tax was purportedly imposed on taxable land for a financial year; and a person is liable for windfall tax in relation to the land for the financial year; and an outstanding liability for windfall tax is payable; and the person with the outstanding liability has an interest in the land when the liability becomes payable. The commissioner may require a mortgagee for the person’s interest in the land to pay, for the person, the outstanding liability. If a mortgagee pays an outstanding liability under this section— the mortgagee is entitled to recover the amount from the person as a debt; and the amount is taken to be secured by the mortgage in addition to any other amount it secures. s 63R ins 2025 No. 15 s 14 (sec.63R-ssec.1) This section applies if— invalid land tax was purportedly imposed on taxable land for a financial year; and a person is liable for windfall tax in relation to the land for the financial year; and an outstanding liability for windfall tax is payable; and the person with the outstanding liability has an interest in the land when the liability becomes payable. (sec.63R-ssec.2) The commissioner may require a mortgagee for the person’s interest in the land to pay, for the person, the outstanding liability. (sec.63R-ssec.3) If a mortgagee pays an outstanding liability under this section— the mortgagee is entitled to recover the amount from the person as a debt; and the amount is taken to be secured by the mortgage in addition to any other amount it secures.
- (a) invalid land tax was purportedly imposed on taxable land for a financial year; and
- (b) a person is liable for windfall tax in relation to the land for the financial year; and
- (c) an outstanding liability for windfall tax is payable; and
- (d) the person with the outstanding liability has an interest in the land when the liability becomes payable.
- (a) the mortgagee is entitled to recover the amount from the person as a debt; and
- (b) the amount is taken to be secured by the mortgage in addition to any other amount it secures.