Western Australian Consolidated Acts

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LAND TAX ASSESSMENT ACT 2002 - SECT 25A

25A .         Refurbishment of private residence, 2 year exemption for

        (1)         Private residential property (except property held in trust) that is owned by an individual is exempt for 2 consecutive assessment years if —

            (a)         the commencement date for the refurbishment of the private residence that forms part of the property is —

                  (i)         in the first assessment year; or

                  (ii)         in any previous financial year and part of the refurbishment is carried out in the first assessment year;

                and

            (b)         the completion date for the refurbishment is in the second assessment year; and

            (c)         at midnight on 30 June immediately before the first assessment year, the private residence was unoccupied, but only because the individual had ceased occupation, or had not taken up occupation, to enable the private residence to be refurbished; and

            (d)         the individual is the first occupant of the private residence since the refurbishment; and

            (e)         the individual uses the private residence as his or her primary residence during the second assessment year.

        (2)         However, the property is not exempt if —

            (a)         the individual or any other person derived any income from the property in the period between the beginning of the first assessment year and the time when the property was reoccupied; or

            (b)         any other private residential property owned by the individual is exempt for either assessment year under another provision of this Division as a result of its use by the individual as his or her primary residence.

        (3)         The individual may apply for the exemption in the approved form after the commencement date for the refurbishment.

        (4)         The individual must notify the Commissioner in the approved form of —

            (a)         the completion date for the refurbishment; and

            (b)         when the individual occupies the private residence.

        (5)         The Commissioner is to make any reassessment necessary to give effect to this section.

        [Section 25A inserted by No. 31 of 2006 s. 22.]



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