Imposition of growth areas infrastructure contribution
201S Imposition of growth areas infrastructure contribution
S. 201S(1) amended by No. 66/2016 s. 10(1).
Subject to this section and section 201SA, a growth areas infrastructure contribution is imposed in respect of the first GAIC event to occur in relation to any land in the contribution area unless the person liable to pay the contribution is exempted from that liability, in which case a growth areas infrastructure contribution is imposed in respect of the next GAIC event that occurs in relation to that land.
Note
Exemptions and reductions of liability to pay growth areas infrastructure contributions are set out in Division 3.
S. 201S(2) amended by No. 66/2016 s. 10(1).
Subject to this section and section 201SLA, a growth areas infrastructure contribution may be imposed once only in respect of any land in the contribution area.
S. 201S(3) amended by No. 38/2012 s. 19(1).
Where a dutiable transaction relating to land in the contribution area has occurred in relation to less than the whole of the interest in the land or in a landholder that owns the land and a growth areas infrastructure contribution was imposed in respect of that transaction, any further GAIC event that occurs in relation to a remaining interest in that land or landholder is a first GAIC event relating to that interest.
Examples
1 Where land is jointly owned and one owner transfers his or her 30% interest in the land, that transfer will be the first GAIC event in relation to that 30% interest in the land. The purchaser will be liable to pay 30% of the GAIC payable in respect of the land. If the land is then subdivided, the subdivision will be a first GAIC event relating to the remaining 70% interest in the land and the remaining 70% of the GAIC will be payable in respect of that GAIC event by the owners of that 70% interest.
Example 2 to s. 201S amended by No. 38/2012 s. 19(2).
2 XYZ Pty Ltd is a private landholder that owns land subject to GAIC. A, B and C each hold respectively 30%, 30% and 40% interests in XYZ. D acquires the interests of A and B which is a significant acquisition, and is the first GAIC event relating to those interests. D will be liable to pay 60% of the GAIC payable in respect of the land. E then acquires D's 60% interest in XYZ but as GAIC has already been paid in respect of that interest, E is not liable to pay any GAIC on the acquisition. XYZ then transfers the land to IPL Pty Ltd. This dutiable transaction relating to land is a first GAIC event relating to the remaining interest in XYZ, and IPL will be liable to pay the remaining 40% of the GAIC (as indexed if applicable) payable in respect of the land.
S. 201S(4) inserted by No. 66/2016 s. 10(2).
If the first GAIC event that occurs in relation to any land in the contribution area is the issue of a statement of compliance relating to a plan of subdivision of land and the sole purpose of the plan of subdivision of land is to provide for public purpose land—
the growth areas infrastructure contribution is not imposed in respect of that GAIC event to the extent that the plan of subdivision of land relates to any part of the land that is not public purpose land (the balance land); and
the next GAIC event that occurs in relation to any part of the balance land is a first GAIC event for the purposes of this section.
Example
The owner of land in the contribution area applies to subdivide the land for the sole purpose of providing for the construction of a road. The issue of the statement of compliance relating to the plan of subdivision of land is a first GAIC event to the extent that the plan relates to public purpose land. A GAIC is imposed under subsection (1) and is payable under section 201SL within 3 months after the date of issue of the statement of compliance. The amount of the GAIC is calculated under section 201SG by reference to the area of the public purpose land. A GAIC is not imposed under subsection (1) on the issue of the statement of compliance to the extent that the plan of subdivision relates to the balance land. A GAIC will be imposed on the next GAIC event that occurs in relation to any part of the balance land.
S. 201SA inserted by No. 23/2010 s. 9.
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