Queensland Consolidated Acts

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LAND TAX ACT 1915 - SECT 11EA

11EA Allowable deduction for principal place of residence

(1) This section applies if a deduction is allowable under section 11(6A) or (6D), 11B(2) or (3A), or 11BA(2) or (4).

(2) The amount to be deducted (the allowable PPR deduction) is--

(a) if the land is used for a substantial non-PPR purpose--the amount equivalent to the proportion of the relevant unimproved value of the land worked out by the commissioner for subsection (4)(a); or
(b) if the land is not used for a substantial non-PPR purpose--the amount equivalent to the relevant unimproved value of the land.

(3) However, if the owner of the land is a relevant joint owner, the allowable PPR deduction is the joint owner's proportion of the amount mentioned in subsection (2)(a) or (b).

(4) The commissioner must apportion the relevant unimproved value of land used for a substantial non-PPR purpose between--

(a) the use of the land as a principal place of residence; and
(b) the use of the land for substantial non-PPR purposes.

(5) For making the apportionment mentioned in subsection (4), the commissioner must have regard to--

(a) the proportion of the land used for the purposes mentioned in subsection (4)(a) and (b); and
(b) the extent to which the land is used for those purposes.

(6) In this section--

individual interest, of a relevant joint owner of land, means the owner's interest in the land for which the owner is, under section 25, separately assessed.

proportion, of a relevant joint owner of land, means the proportion that is the same as the proportion that the owner's individual interest in the land bears to the total of all owners' interests in the land.

relevant joint owner, of land, means a joint owner who does not hold the land in the capacity of trustee.



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