Stamp Duty Act 1978
90AReassessments in relation to first home owner grant and
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90A Reassessments in relation to first home owner grant and senior, pensioner and carer concession or principal place of residence rebate (1) Subsection (2) applies to a conveyance if: (a) duty on the conveyance of land was assessed on the basis that the conveyee or conveyees were entitled to the senior, pensioner and carer concession or the principal place of residence rebate; and (b) the Commissioner subsequently authorises payment to the conveyee or conveyees of a first home owner grant in relation to the conveyance or the construction of a home on the land. (2) The Commissioner must reassess duty on the conveyance on the basis that the conveyee or conveyees were not entitled to the senior, pensioner and carer concession or the principal place of residence rebate. (3) Subsection (4) applies to a conveyance if: (a) duty on the conveyance of land was assessed on the basis that the conveyee or conveyees were not entitled to the senior, pensioner and carer concession or the principal place of residence rebate because they would become entitled to a first home owner grant in relation to the conveyance or the construction of a home on the land; and
Stamp Duty Act 1978 101 (b) the conveyee or conveyees do not become entitled to a first home owner grant in relation to the conveyance or construction. (4) The Commissioner must reassess duty on the conveyance on the basis that the conveyee or conveyees are not entitled to, and will not become entitled to, a first home owner grant if: (a) the conveyee or conveyees apply for the reassessment; or (b) the Commissioner considers the reassessment appropriate. (5) Subsections (2) and (4) apply even if the time limit for reassessment under the Taxation Administration Act 2007 has passed. (6) If, as a result of a reassessment under subsection (2), the conveyee or conveyees are liable to pay duty on the conveyance, the Commissioner may credit all or part of the first home owner grant payable to them against their liability arising under that reassessment. 90AB Reassessments in relation to first home owner grant and Territory home owner discount (a) duty on a conveyance of land was assessed on the basis that the conveyee or conveyees were entitled to the Territory home owner discount; and (b) the Commissioner subsequently authorises payment to the conveyee or conveyees of the first home owner grant in relation to the conveyance or the construction of a home on (2) If subsection (1) applies, the Commissioner must reassess duty on the conveyance on the basis that the conveyee or conveyees were not entitled to the Territory home owner discount. (3) If, as a result of a reassessment under subsection (2), the conveyee or conveyees are liable to pay duty on the conveyance, the Commissioner may credit all or part of the first home owner grant payable to them against their liability arising under that reassessment. first home owner grant means the amount mentioned in section 18(3B) of the First Home Owner Grant Act 2000.