66Amendments relating to discretionary trusts

#### 66 Amendments relating to discretionary trusts 66 Amendments relating to discretionary trusts > > (1) Section 5D of the [Land Tax Act 1956](/view/html/inforce/current/act-1956-027) applies to the assessment of land tax liability in respect of the 2017 land tax year and subsequent land tax years. > > > (2) If the trustee of a discretionary trust is liable in that capacity as a foreign person for surcharge land tax in respect of the 2017, 2018, 2019 or 2020 land tax year— > > > > > (a) the trustee is exempt from that land tax if the terms of the trust have been amended, before payment of the land tax is due and before midnight on 31 December 2020, so that the trust prevents a foreign person from being a beneficiary, or > > > > > (b) if that land tax has been paid, the trustee is entitled to a refund of that land tax if the terms of the trust have been amended, before midnight on 31 December 2020, so that the trust prevents a foreign person from being a beneficiary. > > > (3) A trust that satisfies the no foreign beneficiary requirement under section 5D of the [Land Tax Act 1956](/view/html/inforce/current/act-1956-027) immediately before the commencement of that section is considered for the purposes of that section to prevent a foreign person from being a beneficiary of the trust (without having to satisfy the no amendment requirement under that section). > > > (4) Despite section 5D of the [Land Tax Act 1956](/view/html/inforce/current/act-1956-027), the trustee of an Australian testamentary trust is not in that capacity a foreign person for the purposes of the application of section 5A of that Act to residential land owned by a foreign person if— > > > > > (a) liability for land tax is required (under clause 9 of Schedule 1A to this Act) to be assessed as if the deceased had not died and had continued to use and occupy the land as his or her principal place of residence, or > > > > > (b) any of the following apply (even if the trust does not prevent a foreign person from being a beneficiary of the trust)— > > > > > > > (i) for a trust arising from a will or codicil—the will or codicil was executed on or before 31 December 2020, > > > > > > > (ii) for a trust arising from the administration of an intestate estate—the deceased died before, or within 2 years after, the commencement of section 5D of the [Land Tax Act 1956](/view/html/inforce/current/act-1956-027), > > > > > > > (iii) for a trust resulting from an order of a court varying the application of the provisions of a will or codicil or of the rules governing the distribution of an intestate estate—the order was made on or before 31 December 2020. > > > (5) The Chief Commissioner may in a particular case extend the date by which payment of surcharge land tax by a trustee is due so that the trustee qualifies for exemption from that surcharge land tax under this clause if the terms of the trust have been amended before midnight on 31 December 2020 (but after the date by which payment would otherwise be due) so that the trust prevents a foreign person from being a beneficiary. > > > (6) In this clause— > > > > Australian testamentary trust means a discretionary trust arising from a will or codicil or the administration of an intestate estate (or as a result of an order of a court varying the application of the provisions of a will or codicil or of the rules governing the distribution of an intestate estate) where the deceased was not a foreign person immediately before his or her death. > > > (7) Expressions in this clause have the same meanings as in section 5D of the [Land Tax Act 1956](/view/html/inforce/current/act-1956-027).