Land exempted from s 9 generally
10 Land exempted from s 9 generally
The following parcels of land are exempt from land tax imposed under section 9:
a parcel of land if exempted under the following provisions:
section 11A (Principal place of residence exemption);
section 11B (Moving out of principal place of residence);
section 11C (Moving into principal place of residence—new owner);
section 11CA (Moving into principal place of residence—ending rental);
section 11D (Exemption after death of owner);
section 11G (Exemption for life tenant);
section 11H (Exemption if nil or nominal rent paid);
section 11I (Exemption if land becomes unfit for occupation);
a parcel of residential land owned by an individual if the parcel is exempted under section 13 (Decision on compassionate application) in relation to the parcel;
An exemption under s 13 is for 1 year or less.
a parcel of land if exempted under section 13A (Exemption for land provided for affordable community housing);
a parcel of rural land;
a parcel of land owned by the housing commissioner under the Housing Assistance Act 2007;
a parcel of land owned or leased by an entity declared under the Duties Act 1999, section 73A (Transfers etc to entities for community housing);
a parcel of land leased for a retirement village;
a parcel of land leased for a nursing home;
a parcel of land leased for a nursing home and a retirement village;
a parcel of land leased by a religious institution or order to provide residential accommodation to a member of the institution or order and allow the member to perform his or her duties as a member of the institution or order;
a parcel of land, other than a parcel of residential land leased to a corporation or trustee, being used for a purpose prescribed under the regulations.
In this section:
nursing home means premises that—
are approved, or taken to be approved, as a nursing home under the National Health Act 1953 (Cwlth); and
are built on land under a lease that allows the use of the land—
for residential accommodation and nursing care for patients who, because of infirmity or illness, disease, incapacity or disability have a continuing need for nursing care; and
if the land is also used, or to be used, as a retirement village—for residential retirement accommodation.
retirement village means a complex of buildings (whether or not including hostel units)—
that is intended predominantly for retired people who are at least 55 years old, or couples, at least 1 of whom is at least 55 years old; and
each of which is, or is to be, occupied or used under a sublease, licence or other arrangement (other than a lease); and
each of which is intended, and able, to be occupied as a home; and
that is built on land under a lease that allows the use of the land—
for residential retirement accommodation; and
if the land is also used, or to be used, for a nursing home—for residential accommodation and nursing care for patients who, because of infirmity or illness, disease, incapacity or disability have a continuing need for nursing care; and
from which no business activity is conducted by the lessee, other than a business connected with the conduct of—
a retirement village; or
if a nursing home is also conducted under the same lease—the nursing home.
rural land means—
rateable land leased for the purpose of primary production only; or
rateable land leased for the purpose of primary production and other purposes but used mainly for primary production; or
a parcel of rateable land included in the common property of a community title scheme under the Community Title Act 2001, if no parcel of land in the scheme is—
residential land; or
leased for a commercial purpose.
Section 15 (2) disapplies this section in certain circumstances.
This Act’s bill:Explanatory statementSecond reading speech
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