South Australian Consolidated Regulations

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RATES AND LAND TAX REMISSION REGULATIONS 2009 - REG 7

7—Remission of land tax

        (1)         A taxpayer is entitled under the Act to a remission of land tax for land if—

            (a)         on the relevant date

                  (i)         the taxpayer holds a prescribed card or is in receipt of prescribed payments; and

                  (ii)         the taxpayer occupies the land as the person's principal place of residence in a prescribed capacity; or

            (b)         on the relevant date

                  (i)         the spouse or domestic partner of the taxpayer holds a prescribed card or is in receipt of prescribed payments; and

                  (ii)         the taxpayer and his or her spouse or domestic partner occupy the land as their principal place of residence in a prescribed capacity; or

            (c)         at the time of recovery of the land tax

                  (i)         the taxpayer satisfies the Minister, by submitting to a means test determined by the Minister, that the taxpayer is suffering exceptional circumstances of hardship; and

                  (ii)         the taxpayer occupies the land as the taxpayer's principal place of residence in a prescribed capacity.

        (2)         If 2 or more persons own land in respect of which land tax is payable, each of them who is entitled to a remission of the land tax is entitled to a proportion of the amount of the remission equal to the proportion of the person's interest in the land.

        (3)         The amount of the remission of land tax for land for a financial year is 60% of the amount of the land tax, subject to a maximum remission of $150.

        (4)         In this regulation—

"relevant date" means—

            (a)         for the purposes of determining whether a person holds a prescribed card or is in receipt of a prescribed payment—the date on which the person is billed with the tax; and

            (b)         for the purposes of determining whether a person occupies the land as the person's principal place of residence in a prescribed capacity—30 June of the financial year preceding the financial year for which the tax is imposed.



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