Land Tax Amendment Regulation (No. 1) 2005 (Qld)

Queensland Land Tax Amendment Regulation (No. 1) 2005 Subordinate Legislation 2005 No. 307 made under the LandTaxAct1915 Contents Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of s 9 (Calculating proportion of a building notionally occupied by home units—Act, s 11C) . . . . . . . . . . . . . 2 4 Insertion of new s 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 9A Calculating proportion of a building notionally occupied by home units—PPR percentage . . . . . . . . 3 5 Insertion of new s 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 27 Application of Land Tax Amendment Regulation (No. ..) 2005 ........................... 5 6 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 5

s1 2 s3 Land Tax Amendment Regulation (No. 1) 2005 No. 307, 2005 1 Short title This regulation may be cited as the Land Tax Amendment Regulation (No. 1) 2005 . 2 Regulation amended This regulation amends the Land Tax Regulation 1999 . 3 Amendment of s 9 (Calculating proportion of a building notionally occupied by home units—Act, s 11C) (1) Section 9(2), definition H — omit, insert — ‘ H means the total of the relevant amounts for all of the units comprising the building that, at the relevant time, are home units.’. (2) Section 9— insert — ‘(4) In this section— relevant amount , for a home unit, means the amount calculated using the following formula— axb where— a means— (a) if section 9A applies—the PPR percentage for the home unit; or (b) if section 9A does not apply—100%. b means— (a) if subsection (3) applies—the relative value of the home unit at the relevant time; or (b) if subsection (3) does not apply—the floor area of the home unit at the relevant time.’.

s4 3 s4 Land Tax Amendment Regulation (No. 1) 2005 No. 307, 2005 4 Insertion of new s 9A After section 9— insert— ‘9A Calculating proportion of a building notionally occupied by home units—PPR percentage ‘(1) This section applies if— (a) a home unit is used as the principal place of residence of— (i) a person who is entitled to use the home unit as the person’s principal place of residence because the person holds owner company shares; or (ii) if owner company shares are held in trust—all of the persons who are beneficiaries of the trust at the relevant time; and (b) the commissioner is satisfied that, at the relevant time, the home unit is also used for another purpose (a unit non-PPR purpose ). ‘(2) The PPR percentage for the home unit is— (a) if the home unit is used for a unit non-PPR purpose that is not substantial—100%; or (b) if the home unit is used for a unit non-PPR purpose that is substantial—the percentage equivalent to the proportion worked out by the commissioner for subsection (7)(a). ‘(3) The commissioner must decide whether the unit non-PPR purpose is substantial. ‘(4) For deciding whether the unit non-PPR purpose is substantial, the commissioner must have regard to the factors listed in section 3EA(2)(a) to (e) 1 of the Act. ‘(5) However, if the only relevant factors are those listed in section 3EA(3)(a) or (b) of the Act, the commissioner must decide the unit non-PPR purpose is not substantial. 1 Section 3EA (When land is used for a substantial non-PPR purpose) of the Act

s5 4 s5 Land Tax Amendment Regulation (No. 1) 2005 No. 307, 2005 ‘(6) For subsections (4) and (5), section 3EA(2) to (4) of the Actapplies with any necessary changes as if— (a) each person mentioned in subsection (1)(a) who uses the home unit as the person’s principal place of residence were the principal resident; and (b) the home unit were land; and (c) a unit non-PPR purpose were a non-PPR purpose; and (d) for section 3EA(4) of the Act, definition allowable residential area , the home unit were a building. ‘(7) If the commissioner decides the home unit is used for a unit non-PPR purpose that is substantial, the commissioner must apportion either, if section 9(3) applies, the relative value of the home unit or, if section 9(3) does not apply, the floor area of the home unit between— (a) the use of the home unit as a principal place of residence; and (b) the use of the home unit for unit non-PPR purposes that are substantial. ‘(8) For making the apportionment mentioned in subsection (7), the commissioner must have regard to— (a) the proportion of the home unit used for the purposes mentioned in subsection (7)(a) and (b); and (b) the extent to which the home unit is used for the purposes. ‘(9) In this section— owner company shares means shares in the company that owns the parcel of land on which the building the home unit is part of is situated.’. 5 Insertion of new s 27 After section 26— insert—

s6 5 s6 Land Tax Amendment Regulation (No. 1) 2005 No. 307, 2005 ‘27 Application of Land Tax Amendment Regulation (No. 1) 2005 ‘This regulation, as amended by the Land Tax Amendment Regulation (No. 1) 2005 , applies to land tax levied for the financial year beginning on 1 July 2005 and each later financial year.’. 6 Amendment of schedule (Dictionary) Schedule— insert— ‘ home unit see section 11C(4) of the Act. PPR percentage see section 9A(2). relevant time means midnight on 30 June of the financial year immediately before the relevant financial year. unit see section 11C(4) of the Act.’. ENDNOTES 1 Made by the Governor in Council on 15 December 2005. 2 Notified in the gazette on 16 December 2005. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Treasury Department. © State of Queensland 2005