10RRetirement villages—exemption/reduction

#### 10R Retirement villages—exemption/reduction 10R Retirement villages—exemption/reduction > > (1) In this section— > > > > aged care establishment means— > > > > > (a) any building or any part of a building used or intended to be used for the provision of residential care, within the meaning of the [Aged Care Act 1997](http://www.legislation.gov.au/) of the Commonwealth, by an approved provider under that Act, or > > > > > (b) any building or any part of a building used or intended to be used for the provision of respite care, within the meaning of the [Aged Care Act 1997](http://www.legislation.gov.au/) of the Commonwealth, by an approved provider under that Act. > > > > retirement village has the same meaning as in the [Retirement Villages Act 1999](/view/html/inforce/current/act-1999-081). > > > (2) Land is exempt from taxation under this Act if the land is used and occupied as any of the following, or any combination of the following, and for no other purpose— > > > > > (a) an aged care establishment, > > > > > (b) a retirement village. > > > > > (c) (Repealed) > > > (3) If the Chief Commissioner is satisfied that part only of land is used and occupied as referred to in subsection (2), the land value of the land is to be reduced for the purposes of land tax by an amount calculated as follows— > > > > %20AND%20(No%3D026)%20AND%20(Year%3D1956)%20AND%20(%22Historical%20Document%22%3D0))/g3.gif) > > where— > > > > R\= the reduction in land value. > > > > A\= the land value of the land before reduction. > > > > B\= the area of the land used and occupied as referred to in subsection (2). > > > > C\= the total area of the land. > > > (3A) If part only of a building is used and occupied as referred to in subsection (2), a proportion (the allowable proportion) of the area of the land occupied by the building is to be included as part of the area of the land so used and occupied for the purpose of determining the value of “B” in the calculation under subsection (3). > > > (3B) The allowable proportion under subsection (3A) is the proportion specified in an application under subsection (3C) in respect of the land, subject to subsections (3D)–(3F). > > > (3C) Subsection (3A) does not apply unless application has been made to the Chief Commissioner by the owner of the land specifying the proportion that in the owner’s opinion is a fair and reasonable proportion of the area of land occupied by the building to be attributed to use and occupation as referred to in subsection (2). The application must be in a form approved by the Chief Commissioner and be accompanied by such supporting information as the Chief Commissioner may request. > > > (3D) Despite subsection (3B), the Chief Commissioner may request the Valuer-General to determine the reduced land value to be attributed, for the purposes of assessing land tax, to that part of the land that is used or occupied otherwise than as referred to in subsection (2). > > > (3E) If a request is made under subsection (3D)— > > > > > (a) the Valuer-General must determine the reduced land value concerned, and > > > > > (b) the reduced land value so determined is (subject to subsection (3F)) the value of the land for land tax purposes (instead of the value obtained under subsections (3) and (3A)), and is to be entered in the Register accordingly. > > > (3F) Part 3 (Notices and objections) and Part 4 (Appeals to Land and Environment Court) of the [Valuation of Land Act 1916](/view/html/inforce/current/act-1916-002) apply in respect of the reduced land value determined under subsection (3E) in the same way as those Parts apply in respect of a valuation under that Act. > > > (4) For the purposes of this section, land does not cease to be used and occupied for the purpose of an aged care establishment or a retirement village merely because any building or improvement on the land is used or occupied for a purpose ancillary to that purpose. > > > (5) This section applies to land tax payable in respect of the year commencing on 1 January 1991 and any succeeding year. > > **s 10R:** Ins 1990 No 88, Sch 1 (9). Am 1992 No 84, Schs 1 (5), 2 (3); 2001 No 96, Sch 2.2 \[5\]–\[8\]; 2002 No 108, Sch 2.2 \[16\] \[17\]; 2004 No 87, Sch 6.9 \[2\]–\[4\].