Land Tax Act 2010

This section applies if—

a person liable for windfall tax has paid an amount to the commissioner in relation to a purported liability for invalid land tax; and

the person’s purported liability for invalid land tax is, on a reassessment, decreased to nil.

Despite the Administration Act, section 37(1)(a), the person is not entitled to a refund of the amount.

The commissioner must apply the amount to the person’s liability for windfall tax in the following order—

firstly, any amount of the land tax windfall attributable to assessed interest or penalty tax that would have been payable in relation to the invalid land tax if it had been validly imposed;

secondly, any amount of the land tax windfall attributable to an amount paid by the person for late payment interest in relation to the invalid land tax;

thirdly, the amount of the land tax windfall attributable to the invalid land tax that would have been payable if it had been validly imposed.

If the commissioner is required, because of an order of a court or tribunal, to repay an amount to a person for an amount paid in relation to invalid land tax, the commissioner is taken to have complied with the order if the commissioner applies the amount under subsection (3).

To remove any doubt, it is declared that this section does not affect the operation of the Administration Act, section 42 in relation to payments received by the commissioner for windfall tax.