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This is a Bill, not an Act. For current law, see the Acts databases.
RATES AND LAND TAX LEGISLATION AMENDMENT BILL 2009
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Treasurer)
Rates and
Land Tax Legislation Amendment Bill 2009
Contents
Page
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Treasurer)
Rates and Land Tax
Legislation Amendment Bill 2009
A Bill for
An Act to amend legislation in relation to rates and land tax, and for
other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Rates and Land Tax Legislation Amendment
Act 2009.
This Act commences on 1 January 2010.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
3 Legislation
amended—pt 2
This part amends the Land Tax Act 2004.
substitute
14 Commissioner to be told if residential land
rented
(1) This section applies in relation to a parcel of land
that—
(a) is leased for residential purposes; and
(b) is rented by a tenant.
(2) A relevant person must tell the commissioner, in
writing—
(a) that the parcel is rented; and
(b) when the rental began.
Note 1 If a form is approved under the Taxation Administration
Act 1999, s 139C, the form must be used.
Note 2 It is an offence to fail to notify the commissioner under
this section (see Taxation Administration Act 1999, s 67 (2)).
Note 3 It is also an offence to knowingly avoid paying, or
disclosing a liability to pay, part or all of an amount of tax (see Taxation
Administration Act 1999, s 65 (1)).
(3) The relevant person must tell the commissioner the information
mentioned in subsection (2) not later than 30 days after—
(a) if there is a change of ownership of the parcel—the day the
ownership changes; or
(b) in any other case—the day the rental begins.
(4) This section does not apply if the owner of the parcel of land is a
corporation.
(5) In this section:
relevant person means—
(a) the owner of the parcel of land; or
(b) if the owner has authorised an agent to act on the owner’s
behalf in relation to the rental of the parcel—the agent.
Examples—agent
accountant, real estate agent, solicitor
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
5 Dictionary,
definition of owner, new paragraph (aa)
insert
(aa) if the registered proprietor has sold the interest to another person
(the new owner) and the new owner is in possession of the parcel
but not yet registered as the proprietor—the new owner; or
6 Dictionary,
definition of unit owner
substitute
unit owner means—
(a) the registered proprietor of the lease of a unit; or
(b) if the registered proprietor has sold the interest to another person
(the new owner) and the new owner is in possession of the unit but
not yet registered as the proprietor—the new owner.
Part
3 Land Titles (Unit Titles) Act
1970
7 Legislation
amended—pt 3
This part amends the Land Titles (Unit Titles) Act 1970.
8 Registration
of units planNew section 7 (1)
(e)
insert
(e) a certificate issued by the commissioner for revenue certifying
that—
(i) no rates or other amounts assessed as payable under the Rates Act
2004 are outstanding for the financial year in which the units plan is to be
registered; and
(ii) no land tax or other amounts assessed as payable under the Land
Tax Act 2004 are outstanding for the quarter in which the units plan is to
be registered.
Note A person may apply for a certificate of land tax and other
charges under the Land Tax Act 2004, s 41 and a certificate of rates and
other charges under the Rates Act 2004, s 76.
9 Legislation
amended—pt 4
This part amends the Rates Act 2004.
10 DictionarySection
3, note 1
omit
For example, the signpost definition ‘unit
owner—see Unit Titles Act, dictionary’ means that the term
‘unit owner’ is defined in that dictionary and the definition
applies to this Act.
substitute
For example, the signpost definition ‘land
tax—see the Land Tax Act 2004, dictionary.’
means that the term ‘land tax’ is defined in that dictionary and the
definition applies to this Act.
11 Meaning
of unimproved valueSection 6 (3),
definition of prescribed date, paragraph (c)
substitute
(c) for a redetermination of the unimproved value of the parcel under
section 11 (Redetermination—error) or section 11A
(Redetermination—change of circumstances)—the date the
redetermination begins to apply to the parcel.
12 First
determination of unimproved
valueSection 9 (3)
omit
rates
substitute
a parcel of land
omit
rates
substitute
the parcel
14 Annual
redeterminationsSection 10
(2)
omit
rates
substitute
the parcel
substitute
11 Redetermination—error
(1) This section applies if an error was made in relation to a
determination of the unimproved value of a parcel of land as at a particular
date.
(2) The commissioner may redetermine the unimproved value of the parcel as
at that date.
(3) The redetermination applies to the parcel for the
period—
(a) beginning on 1 July in the calendar year in which the relevant date
when the redetermination is made falls; and
(b) ending on 30 June in the next calendar year.
Example
A clerical error was made in relation to the determination of
Branko’s parcel of land as at 1 January 2009, resulting in the unimproved
value of the land being incorrectly determined as $220 000. The unimproved
value of parcel was correctly determined as at 1 January 2007 as $230 000 and 1
January 2008 as $240 000.
The average unimproved value of the land for the year beginning 1 July 2009
was calculated as—
($230 000 + $240 000 + $220 000)/3=$230 000
After the clerical error was corrected, the unimproved value of the parcel
was correctly redetermined as at 1 January 2009 as $250 000.
The average unimproved value of the land was recalculated as (the
recalculated AUV)—
($230 000 + $240 000 + $250 000)/3=$240 000
The recalculated AUV applies for the period starting on 1 July 2009 and
ending on 30 June 2010.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(4) In this section:
error, in relation to a determination,
includes—
(a) an error in making a valuation on which the determination is based;
and
(b) the duplication of an error in relation to an earlier
determination.
11A Redetermination—change of
circumstances
(1) This section applies if a change of circumstances happens in relation
to a parcel of land that affects the unimproved value of the land.
(2) The commissioner may redetermine the unimproved value of the parcel as
at a date if the unimproved value as at that date is used in calculating the
average unimproved value of the land for the year in which the change of
circumstances happens.
(3) The commissioner may also redetermine the unimproved value of the
parcel as at a later date if a determination of the unimproved value as at that
date did not take the change of circumstances into account.
(4) A redetermination under subsection (2) applies to the parcel for the
period—
(a) beginning on the day the change of circumstances happened;
and
(b) ending on 30 June in the next calendar year.
(5) A redetermination under subsection (3) applies to the parcel for the
period—
(a) beginning on 1 July in the calendar year in which the relevant date
when the redetermination is made falls; and
(b) ending on 30 June in the next calendar year.
Example—s (4)
On 1 September 2009, Mungo obtained development approval for an authorised
use of Mungo’s parcel of land (the change of circumstances)
that increases the unimproved value of the parcel. Before the change of
circumstances, the commissioner determined the unimproved value of the land as
at 1 January 2007 as $260 000, 1 January 2008 as $280 000 and
1 January 2009 as $300 000.
The average unimproved value (the original AUV) of the land
for the year beginning 1 July 2009 was calculated as—
($260 000 + $280 000 + $300 000)/3=$280 000
After the change of circumstances, the commissioner redetermined the
unimproved value of the land as at 1 January 2007 as $320 000, 1 January 2008 as
$340 000 and 1 January 2009 as $360 000.
The average unimproved value (the recalculated AUV) of the
land was recalculated as:
($320 000 + $340 000 + $360 000)/3=$340 000
The original AUV applies for the period starting on 1 July 2009 and ending
on 31 August 2009, and the recalculated AUV applies for the period starting
on 1 September 2009 and ending on 30 June 2010.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
16 Dictionary,
definition of owner, new paragraph (ia)
insert
(ia) if the registered proprietor has sold the interest to another person
(the new owner) and the new owner is in possession of the parcel
but not yet registered as the proprietor—the new owner; or
17 Dictionary,
definition of unit owner
substitute
unit owner means—
(a) the registered proprietor of the lease of a unit; or
(b) if the registered proprietor has sold the interest to another person
(the new owner) and the new owner is in possession of the unit but
not yet registered as the proprietor—the new owner.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2009.
2 Notification
Notified under the Legislation Act on 2009.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2009
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