Special rate of land tax
38 Special rate of land tax
The Commissioner, on application, may determine that land tax in respect of land owned by a club or body of persons be at a special rate if satisfied that – the land is used principally for the purpose of cricket, football, golf, tennis, bowls or other athletic sports or exercises and not for the pecuniary profit of the members of that club or body; or the club or body of persons is formed for the purpose of promoting or controlling horseracing, trotting-racing, dog-racing or the racing of motor vehicles and the land is used principally for those purposes.
The special rate of land tax is – four-tenths of a cent for every dollar of so much of the assessed land value of the land as is more than the exempt amount and zero cents for every dollar of so much of the assessed land value of the land as is equal to, or less than, the exempt amount; or any greater proportion the Commissioner determines.
In subsection (2)(a) – exempt amount means the assessed land value for which no land tax is payable, as specified in Schedule 1 to the Land Tax Rating Act 2000.
If a club or body of persons mentioned in subsection (1) sells or otherwise disposes of, or otherwise uses, any part of any land in respect of which a special rate of land tax applies for any purpose other than for the purpose of public recreation or amusement – the Commissioner may determine that the special rate no longer applies; and the club or body of persons is liable, on demand, to pay to the Commissioner an amount equal to the difference between – the total amount of land tax paid during the period during which the special rate was in force; and the total amount of land tax that, but for this section, would have been payable in respect of that land during that period.
Land tax is payable under subsection (3) – only for a period up to 3 years; and as if it were an amount due by way of land tax.
A special rate applies until the Commissioner revokes the determination made under subsection (1).
If the Commissioner determines a special rate or revokes the determination, the Commissioner is to give notice in writing to the affected club or body of persons.
A club or body of persons mentioned in subsection (1) must advise the Commissioner by notice in writing if – it sells or otherwise disposes of land in respect of which a special rate applies; or it changes the use of the land from that mentioned in that subsection. Fine not exceeding 10 penalty units.
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