Land Tax Act 2010

This Act may be cited as the Land Tax Act 2010.

This Act commences on 30 June 2010.

The dictionary in schedule 4 defines particular words used in this Act.

This Act does not contain all the provisions about land tax.

The Administration Act contains provisions dealing with, among other things, each of the following—

assessments of tax;

payments and refunds of tax;

imposition of interest and penalty tax;

objections and appeals against, and reviews of, assessments of tax;

record keeping obligations of taxpayers;

investigative powers, offences, legal proceedings and evidentiary matters;

service of documents;

registration of charitable institutions.

Note—

Under the Administration Act, section 3, that Act and this Act must be read together as if they together formed a single Act.

This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.

Nothing in this Act makes the State liable to be prosecuted for an offence.

This Act imposes land tax, for each financial year, on all taxable land.

Land tax is imposed on the taxable value of taxable land.

A liability for land tax for a financial year arises at midnight on 30 June immediately preceding the financial year.

The owner of taxable land when a liability for land tax arises is liable to pay the tax.

Taxable land is land in Queensland that—

has been alienated from the State for an estate in fee simple; and

is not exempt land.

Editor’s note—

Acts Interpretation Act 1954, schedule 1—

land includes messuages, tenements and hereditaments, corporeal or incorporeal, of any tenure or description, and whatever may be the interest in the land.

The owner of land includes the following—

a person jointly or severally entitled to a freehold estate in the land who is in possession;

a person jointly or severally entitled to receive rents and profits from the land;

a person taken to be the owner of the land under this Act.

The fact that a person is the owner of land under a provision of this Act does not prevent another person also being the owner of the land.

This section is subject to sections 12 to 14, 22 and 23.

For this Act, if an agreement has been made for the sale of land—

the seller is taken to be the owner of the land until the buyer is in possession of it; and

the buyer is taken to be the owner of the land as soon as the buyer is in possession of it.

This section applies whether or not the agreement has been completed.

To remove doubt, it is declared that, for this Act—

a body corporate for a community titles scheme is not the owner of the scheme land for the scheme; and

a body corporate under the Building Units and Group Titles Act 1980 is not the owner of land comprised in a BUGTA plan.

Note—

Although the scheme land, or land comprised in a BUGTA plan, is valued under the Land Valuation Act, the owner of each lot is liable to pay land tax on the lot based on an apportionment of the valuation. See section 29.