Commissioner to be told of change in circumstances
14 Commissioner to be told of change in circumstances
This section applies in relation to a parcel of land that is leased for residential purposes if—
land tax or a foreign ownership surcharge is not imposed on the parcel; or
the parcel is exempt from land tax or a foreign ownership surcharge.
A relevant person for the parcel of land must tell the commissioner—
of any change in circumstances in relation to the parcel that would cause land tax or a foreign ownership surcharge to become payable for the parcel; and
the date of the change in circumstances.
It is an offence to fail to notify the commissioner under this section (see Taxation Administration Act, s 67 (2)).
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, s 65 (1)).
For subsection (2), the relevant person must tell the commissioner not later than 30 days after the date the circumstances change.
Examples—s (2) and s (3)—changed circumstances
1 a change of ownership of the parcel
2 the parcel is owned by an individual as trustee
3 the parcel is owned by a foreign person or an owner subsequently becomes a foreign person
4 the parcel is no longer a principal place of residence
5 the parcel is rented
6 the parcel is otherwise no longer exempt from land tax or a foreign ownership surcharge
In this section:
relevant person, for a parcel of land, means—
the owner of the parcel of land; or
if the owner has authorised an agent to act on the owner’s behalf in relation to the parcel—the agent; or
if the owner has died—the personal representative.
Examples—par (b)—agent accountant, real estate agent, solicitor
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