QLDIn ForceAct
Transport Infrastructure Act 1994
sec.289OOwner of land for land tax purposes
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### sec.289O Owner of land for land tax purposes
This section applies for the purposes of the Land Tax Act 1915 and the Land Tax Act 2010 .
Unless subsection (3) applies, if a lessee or sublessee of strategic port land is a subsidiary of the Port of Brisbane Corporation—
the subsidiary is taken to be the owner of the land; and
the Port of Brisbane Corporation is taken not to be the owner of the land.
If there is a port lessee of Brisbane core port land—
the port lessee is taken to be the owner of the land; and
the Port of Brisbane Corporation and the port lessor are taken not to be the owner of the land.
A liability of the Port of Brisbane Corporation for land tax on strategic port land that has accrued but not been paid when a lease or sublease of the land is granted by the Port of Brisbane Corporation to a subsidiary of it is a liability of the subsidiary and not a liability of the Port of Brisbane Corporation.
A liability for land tax on Brisbane core port land that has accrued but not been paid when a lease or sublease of the land from the port lessor to a port lessee is terminated or expires is a liability of the entity that was the port lessee immediately before the termination or expiration and not a liability of the port lessor.
In this section—
land tax includes unpaid tax interest and penalty tax within the meaning of the Taxation Administration Act 2001 .
s 289O ins 2010 No. 19 s 122
(sec.289O-ssec.1) This section applies for the purposes of the Land Tax Act 1915 and the Land Tax Act 2010 .
(sec.289O-ssec.2) Unless subsection (3) applies, if a lessee or sublessee of strategic port land is a subsidiary of the Port of Brisbane Corporation— the subsidiary is taken to be the owner of the land; and the Port of Brisbane Corporation is taken not to be the owner of the land.
(sec.289O-ssec.3) If there is a port lessee of Brisbane core port land— the port lessee is taken to be the owner of the land; and the Port of Brisbane Corporation and the port lessor are taken not to be the owner of the land.
(sec.289O-ssec.4) A liability of the Port of Brisbane Corporation for land tax on strategic port land that has accrued but not been paid when a lease or sublease of the land is granted by the Port of Brisbane Corporation to a subsidiary of it is a liability of the subsidiary and not a liability of the Port of Brisbane Corporation.
(sec.289O-ssec.5) A liability for land tax on Brisbane core port land that has accrued but not been paid when a lease or sublease of the land from the port lessor to a port lessee is terminated or expires is a liability of the entity that was the port lessee immediately before the termination or expiration and not a liability of the port lessor.
(sec.289O-ssec.6) In this section— land tax includes unpaid tax interest and penalty tax within the meaning of the Taxation Administration Act 2001 .
- (a) the subsidiary is taken to be the owner of the land; and
- (b) the Port of Brisbane Corporation is taken not to be the owner of the land.
- (a) the port lessee is taken to be the owner of the land; and
- (b) the Port of Brisbane Corporation and the port lessor are taken not to be the owner of the land.