Revenue and Other Legislation Amendment Bill 2025
retrieval-0004Document excerpt 4
Page 38 Authorised by the Parliamentary Counsel [s 14] Revenue and Other Legislation Amendment Bill 2025 Part 5 Amendment of Land Tax Act 2010 63U Unpaid tax interest For applying the Administration Act, section 54 to an amount of unpaid windfall tax for a land tax windfall— (a) a reference in that section to the amount of primary tax is taken to be a reference to the amount of the land tax windfall that is attributable to invalid land tax; and (b) the Administration Act, section 54(5) does not apply; and (c) the start date for the Administration Act, section 54(2) and (3) is— (i) if the person has paid an amount to the commissioner in relation to the purported liability for the invalid land tax and, when the last payment was made, late payment interest for the purported liability was paid in full—the day after the last payment was made to the commissioner; or (ii) otherwise—the day after an assessment notice was given for the assessment of the purported liability for the invalid land tax. 63V No payment of interest by commissioner for payment in relation to purported liability for invalid land tax A reference in the Administration Act, section 61(1) to a refund of tax or late payment interest does not include a reference to a refund of an amount paid to the commissioner because of the purported imposition of invalid land tax on taxable land for a financial year. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33
Page 39 Authorised by the Parliamentary Counsel [s 15] Revenue and Other Legislation Amendment Bill 2025 Part 5 Amendment of Land Tax Act 2010 15 Amendment of s 64 (Purpose and operation of pt 8) Section 64(1), after ‘land tax’— insert— or windfall tax 16 Amendment of s 66 (Application of pt 8) Section 66, ‘land tax benefit’— omit, insert— tax benefit 17 Amendment of s 67 (When is a land tax benefit obtained) (1) Section 67, ‘land tax benefit’— omit, insert— tax benefit (2) Section 67, ‘land tax payable’— omit, insert— land tax or windfall tax payable (3) Section 67(2), ‘land tax that’— omit, insert— land tax or windfall tax that 18 Amendment of s 68 (Matters to be considered in deciding purpose for scheme) Section 68, ‘land tax benefit’— omit, insert— tax benefit Clause 1 2 3 4 Clause 5 6 7 8 Clause 9 10 11 12 13 14 15 16 17 18 Clause 19 20 21 22 23
Page 40 Authorised by the Parliamentary Counsel [s 19] Revenue and Other Legislation Amendment Bill 2025 Part 5 Amendment of Land Tax Act 2010 19 Amendment of s 69 (Assessments because of land tax benefit from scheme) (1) Section 69, heading and subsection (1), ‘land tax benefit’— omit, insert— tax benefit (2) Section 69(1)(b) and (c), (3)(b)(i) and (ii) and (4), after ‘land tax’— insert— or windfall tax 20 Amendment of sch 4 (Dictionary) Schedule 4— insert— claim, for a land tax windfall for part 7A, see section 63E. decision day, for part 7A, see section 63A(7). foreign surcharge rate, for the imposition of land tax, for part 7A, means either of the following rates— (a) the surcharge rate for a foreign company or trustee of a foreign trust under section 32(1)(b)(ii); (b) the rate for an absentee under section 32(1)(c). invalid land tax, for part 7A, see section 63A(3), (5) and (6). land tax windfall, for part 7A, see section 63D. outstanding liability, for windfall tax, see section 63L(1)(c). payment day, for part 7A, see section 63E(2)(c)(ii). Clause 1 2 3 4 5 6 7 8 9 Clause 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30