89ASenior, pensioner and carer concession

89A Senior, pensioner and carer concession (1) The conveyees of a conveyance of land are entitled to the senior, pensioner and carer concession if the Commissioner, on an application for the concession, is satisfied: (a) all the conveyees are individuals; and (b) at least 1 conveyee: (i) at the relevant time, is 60 years of age or older; or (ii) at the relevant time, is the eligible holder of an NT Pensioner and Carer Concession Card or a Northern Territory Concession Scheme Card; or

Stamp Duty Act 1978 94 (iii) at the relevant time, is entitled to hold a card mentioned in subparagraph (ii) and, at the time of the application for the concession, is the holder of such a card; and (d) no conveyee has a beneficial interest in the land; and (e) the conveyees will acquire the whole beneficial interest in the land; and (f) no conveyee will acquire an interest in the land in the capacity (g) the conveyees will occupy a home on the land or to be built on the land as their principal place of residence for the prescribed period commencing within the period for occupancy; and (ga) the conveyee or conveyees have not been paid, are not entitled to, and will not become entitled to, a first home owner grant in relation to the conveyance or the construction of a home on the land; and (h) either of the following applies: (i) if, at the relevant time there is a home on the land or the conveyance is an off-the-plan contract – the dutiable value of the land does not exceed $750 000; (ii) if, at the relevant time there is no home on the land – the dutiable value of the land does not exceed $385 000; and (i) the conveyees become entitled to possession of the land subsection (11A). See section 90B for eligibility for the senior, pensioner and carer concession if the conveyee would be entitled to another concession under this Division. (3) A conveyee must, within 30 days after the date on which it first becomes apparent that he or she will fail to comply with any of the occupancy requirements, give written notice of that fact to the

Stamp Duty Act 1978 95 (4) Subsection (3) does not apply to a conveyee in relation to an occupancy requirement if an exemption under subsection 11(b) covers that conveyee and requirement. (5) The Commissioner may reassess duty on the conveyance even Administration Act 2007 has passed if the conveyees would otherwise receive the concession if the time limit had not passed. (6) The Commissioner must reassess duty on the conveyance on the basis the conveyees were not entitled to the concession (whether or not the time limit for reassessment under the Taxation Administration Act 2007 has passed) if a conveyee fails to comply with any of the occupancy requirements. (7) Subsection (6) does not apply if: (a) the failure is covered by an exemption under subsection 11(b); or (b) the Commissioner is satisfied there are special reasons for not making the reassessment. (8) This section applies to the acquisition by a person, other than the under section 22 or 24 of the Housing Act 1982 as if: (a) the person were acquiring 100% of the land; or (b) if 2 or more persons are acquiring the interest – the persons were acquiring 100% of the land in the same proportions as they are acquiring the interest. (9) If a person acquires land or an interest in land as the guardian of a person (the disabled person) who is under a legal disability, this section applies as if the disabled person were: (b) the applicant for the senior, pensioner and carer concession; and (c) if the concession is granted – the recipient of the concession. (10) A person applying for the senior, pensioner and carer concession must give to the Commissioner a declaration in the approved form providing the information relating to the application that the Commissioner requires.