Part II - Land Tax Amendment Act (No. 2) 1988

This commentary item was published in Public Information Bulletin Volume 177, October 1988

More information about Public Information Bulletins.

Section 2 - Exemption of certain classes of land

This section extends the exemptions from land tax to include:

• Land which is used principally as the site of any residence (previously to gain an exemption the residence had to be owner occupied). The Commissioner continues to have the power to NOT exempt any portion of the site that is considered to be not attributable to residential use.
• Land which is used principally as the site of any boardinghouse, lodging house, hostel or unlicensed private hotel which does not principally provide temporary or transient accommodation. As a guideline, it is proposed that if more than half the residents of an establishment are staying for longer than one month, it can be regarded as not principally providing temporary or transient accommodation.
• Land which is used principally as the site of any home for the aged (as defined by section 120A(3) of the Health Act 1956).
• Land which is the site of a historic building classified A or B by the Historic Places Trust, including any landscaped or servicing areas associated with such a building.

The new exemptions take effect for the year of assessment that commenced 1 April 1988. The assessment for this year is based on land held at 31 March 1988.

The section also makes consequential amendments to remove definitions made redundant by the above changes.

Section 3 - Local Authorities Engaged in Supply of Energy

This section corrects a drafting error that was made in section 28A of the Land Tax Act. The reference to "the year of assessment" in items b and c should have been "the year preceding the year of assessment".