Who is a related person
18E Who is a related person
A person is a related person of another person if—
for individuals—they are members of the same family; or
for an individual and a corporation—the person or a member of the person’s family is a majority shareholder, director or secretary of the corporation or a related body corporate of the corporation, or has an interest of 50% or more in it; or
for an individual and a trustee—the person or a related person under another provision of this section is a beneficiary of the trust; or
for corporations—they are related bodies corporate; or
for a corporation and a trustee—the corporation or a related person under another provision of this section is a beneficiary of the trust; or
for trustees—
there is a person who is a beneficiary of both trusts; or
a person is a beneficiary of 1 trust and a related person under another provision of this section is a beneficiary of the other trust; or
they are partners in a partnership.
However, a person is not a related person of another person under subsection (1), other than subsection (1)(d), if the commissioner is satisfied the interests of the persons as beneficiaries in a trust—
were acquired independently and, when the liability for land tax arises, are being used independently; and
were not acquired for a common purpose and, when the liability for land tax arises, are not being used for a common purpose.
Note—
See section 7 for when a liability for land tax arises.
In this section—
related bodies corporate means bodies corporate that are related under the Corporations Act, section 50.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.