Land Tax Assessment Act 2002 (WA)

Western Australia Land Tax Assessment Act 2002 Western Australia Land Tax Assessment Act 2002 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Relationship with other Acts 1 4. Terms used 1 Part 2 — Land tax liability and assessment Division 1 — Liability to land tax 5.1M, 1MC Taxable land 1 6. Time for payment of land tax 1 7. Liability to pay land tax 1 8. Certain persons and bodies taken to be owners of land 1 9. Liability of agents or trustees 1 9A. Owners to notify Commissioner of errors or omissions in assessment notices 1 Division 2 — Assessment of land tax 10. Assessing land tax 1 11. Two or more lots owned by one person, tax payable on 1 12. Land owned jointly, tax payable on 1 13. Calculating taxable value of part of a lot 1 14. Newly subdivided private residential property, tax payable on 1 15. Newly subdivided primary production business land, tax payable on 1 15A. Tax payable on newly subdivided dwelling or residential parks 1 15B. Tax payable on land containing former exempt build‑to‑rent developments 1 16. Non‑strata home units, assessing tax on 1 Part 3 — Exemptions, concessions and rebates Division 1 — General provisions 17. Exempt land 1 18. Whole and partial exemptions 1 18A. Taxable value of land subject to partial exemption 1 19. Applying for exemption or concession 1 20. Commissioner's power to grant exemption or concession for land 1 20A. Owner of land subject to exemption or concession may be required to notify Commissioner of event or circumstance 1 Division 2 — Private residential property Subdivision 1 — Exemptions and rebates for private residential property 21. Residences owned by individuals, exemptions for 1 22. Residence owned by executor etc., exemption for if beneficiary in will exercising right to reside 1 23A. Exemption for residence owned by executor or administrator if beneficiary in will has right to future ownership and is resident 1 23. Continued exemption after death of resident 1 24. Construction of private residence, one year exemption for 1 24A. Construction of private residence, 2 year exemption for 1 25. Refurbishment of private residence, one year exemption for 1 25A. Refurbishment of private residence, 2 year exemption for 1 26. Exemption for residence of disabled person held in trust 1 26A. Exemption for residence of disabled person owned by relative 1 26B. Exemption for property owned by individual in care 1 27. Moving between 2 private residences, application of exemption 1 27A. Construction or refurbishment of second private residence, 2 year exemption for 1 28. Inner city residential property, rebate for 1 Subdivision 2 — Application of private residential exemptions to subdivided land 28A. Terms used 1 28B. Application of certain private residential exemptions to property subdivided during exemption period 1 28C. Application of requirements relating to sale or disposal of subdivided property 1 28D. Application of multi‑year private residential exemptions to property subdivided during exemption period 1 28E. Ownership of land during period when land subdivided but certificates of title not issued 1 Subdivision 3 — Special provisions for construction or refurbishment of private residence: commencement in period from 1 July 2020 to 30 June 2023 28F. Construction or refurbishment of private residence: 3 year exemption 1 28G. Construction or refurbishment of 2nd private residence: 2 year exemption 1 28H. Extension of exemption under s. 28F 1 28I. Extension of exemption under s. 28G 1 28J. No double exemption 1 28K. Reassessment 1 Division 3 — Land used for primary production business Subdivision 1 — Terms used 29. Terms used 1 30A. What is primary production 1 30B. When land is used for primary production business 1 Subdivision 2 — Primary production business exemption 30C. Exemption for rural land 1 30D. Exemption for non‑rural land 1 30E. Exemption under section 30D after death of family owner or person related to family owner 1 Subdivision 3 — Family owners of land and persons related to family owners of land 30G. References to individuals, family members and nominated individuals 1 30H. Family owner of land 1 30I. Persons related to family owner who is an individual 1 30J. Persons related to family corporation 1 30K. Persons related to trustee of family trust 1 30. Persons related to trustee of a family unit trust scheme 1 Division 4 — Crown land and other land used for public purposes 31. Land owned by Crown, public authority etc., exemption for 1 32. Land owned by religious bodies, exemption for 1 33. Land owned by educational institutions, exemption for 1 34. Land used for public or religious hospitals, exemption for 1 35. Exemption for mining tenements 1 36. Land used for various public purposes, exemption for 1 37. Land owned by public charitable or benevolent institutions, exemption for 1 38AA. What is a relevant body 1 38AB. Application for a beneficial body determination 1 38AC. Beneficial body determination 1 38. Land owned by non‑profit associations, exemption or concession for 1 38A. Land used as aged care facility, exemption for 1 39. Land used for retirement villages: exemption for 1 Division 4A — Land used for dwelling or residential parks 39A. Terms used 1 39B. Exemption for land in dwelling or residential parks 1 39C. Calculating percentage for exemption for dwelling or residential parks 1 39D. Provisions about calculations under s. 39C 1 Division 4B — Land used for build‑to‑rent developments 39E. Terms used 1 39F. Requirements for exemption relating to build‑to‑rent development 1 39G. Exceptions to leasing restrictions for exempt development 1 39H. Managing entities for exempt development 1 39I. Exemption for build‑to‑rent developments 1 39J. Limits on eligibility for build‑to‑rent exemption 1 39K. Exemption percentage where buildings partially used for build‑to‑rent dwellings 1 39L. Taxable value of land subject to partial build‑to‑rent exemptions 1 39M. Application for build‑to‑rent exemption 1 Division 5 — Other exemptions and concessions 40. Land owned by veteran's surviving partner or mother, exemption for 1 41. Land under conservation covenant, exemption for 1 42A. Land under biodiversity conservation covenant, exemption for 1 42. One year exemption for land vacated for sale by mortgagee 1 43A. Newly subdivided land, concession for 1 43B. Freehold reversion in parcel subdivided by leasehold scheme, exemption for 1 Part 4 — Miscellaneous 43. Occupier etc. of land to give information 1 45. Contracts ineffective to alter incidence of land tax 1 45A. Minor interests of joint owners, Commissioner may disregard 1 45B. Effect of determination under s. 45A 1 46. Regulations 1 47. Transitional provisions 1 Schedule 1 — Transitional and validation provisions Division 1 — Provision for Revenue Laws Amendment Act 2006 1. Application of s. 24A, 25A and 27A 1 Division 2 — Provision for Revenue Laws Amendment (Taxation) Act 2009 2. Regulations for cl. 6 1 Division 3 — Provisions for the Taxation Legislation Amendment Act (No. 2) 2015 3. Terms used 1 4. Previously exempt land: section 37 1 5. Beneficial body determination: application may be made 1 Division 4 — Provisions for Taxation Legislation Amendment Act 2015 Subdivision 1 — Preliminary 6. Term used: amending Act 1 Subdivision 2 — Provisions about primary production 7. Application of section 15 during transitional period 1 8. Application of section 20 to previous assessment years 1 9. Application of section 30D to land held in trust for assessment year 2014/15 1 Subdivision 3 — Provisions about exemptions and rural business land 10. Terms used 1 11. Validation of previous assessments 1 12. Land tax decisions made or pending 1 13. Application of modified rural business land provisions during the 2012 to 2014 assessment period 1 14. Validation of rural business land assessments 1 15. Reassessment 1 Division 5 — Provisions for Land Tax Assessment Amendment Act 2018 16. Terms used 1 17. Validation of previous assessments 1 18. Land tax decisions made or pending 1 19. Reassessment 1 Division 6 — Provisions for Revenue Laws Amendment Act 2019 20. Application of section 30D to land held in trust for assessment year 2019/20 1 21. Application of amendments relating to subdivision of land 1 Division 7 — Provisions for Land Tax Assessment Amendment Act 2022 22. Application of amendments made by Land Tax Assessment Amendment Act 2022 Part 2 1 23. Reduced exemption percentage for land used for dwelling or residential park does not apply for certain financial years 1 24. Continued application of notification requirements 1 25. Reassessment 1 Division 8 — Provision for Land Tax Assessment Amendment (Build‑to‑Rent) Act 2024 26. Application of amendments 1 Glossary 1. 1M, 1MC Terms used 1 2. Lots and parcels of land 1 3. Subdivided land 1 6. Taxable value 1 Notes Compilation table 1 Other notes 1 Defined terms Western Australia Land Tax Assessment Act 2002 An Act relating to the assessment and collection of tax upon land.