Limited exempt land: former short-stay accommodation properties
19E Limited exempt land: former short-stay accommodation properties
Land tax is not payable in respect of land on which a dwelling is located, during the exemption period for the land, if – the land is general land; and each dwelling on the land was the subject of a relevant residential tenancy agreement; and the relevant residential tenancy agreement for each dwelling on the land – commenced within the eligible period; and was in force at the commencement of the exemption period for the land; and the Commissioner is satisfied that each dwelling on the land was lawfully used, or was advertised as available for lawful use, as short-stay accommodation during the majority of the 3-month period immediately before the commencement of the relevant residential tenancy agreement for each dwelling; and the owner of the land has applied to the Commissioner, in a form approved by the Commissioner, for land tax to not be payable in respect of the land during the exemption period for the land; and the Commissioner has approved the application referred to in paragraph (e) in respect of the land.
The Commissioner must not approve an application in accordance with subsection (1)(f) in respect of land if a previous application in respect of the land has been approved under this section.
In this section – eligible period means the period commencing on 15 March 2018 and ending on 30 June 2026; exemption period, for land, means the single financial year that immediately follows the financial year in which the final relevant residential tenancy agreement, required under subsection (1)(c), for the land commenced; relevant residential tenancy agreement, in relation to a dwelling, means a written residential tenancy agreement, within the meaning of the Residential Tenancy Act 1997, for a fixed period of at least 12 months; short-stay accommodation, in relation to a dwelling, means that the dwelling – is being used or is available for use, for monetary gain by the owner of the dwelling, as accommodation for a person away from his or her normal place of residence; and is ordinarily intended to be used as accommodation by such a person for periods of not more than 4 weeks.
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