Recovery of windfall tax from mortgagee
63R Recovery of windfall tax from mortgagee
This section applies if—
invalid land tax was purportedly imposed on taxable land for a financial year; and
a person is liable for windfall tax in relation to the land for the financial year; and
an outstanding liability for windfall tax is payable; and
the person with the outstanding liability has an interest in the land when the liability becomes payable.
The commissioner may require a mortgagee for the person’s interest in the land to pay, for the person, the outstanding liability.
If a mortgagee pays an outstanding liability under this section—
the mortgagee is entitled to recover the amount from the person as a debt; and
the amount is taken to be secured by the mortgage in addition to any other amount it secures.
This Act’s bill:Explanatory memorandumSecond reading speech
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