Land Tax Management (Transitional) Regulation 2018 (NSW)

Land Tax Management (Transitional) Regulation 2018

[2018-173]

Status information

Currency of version
Repealed version for 27 April 2018 to 7 January 2019 (accessed 21 June 2019 at 12:02)
Legislation on this site is usually updated within 3 working days after a change to the legislation.

Provisions in force
The provisions displayed in this version of the legislation have all commenced. See Historical Notes

Repeal:
This Regulation was repealed by Sch 3 to the Statute Law (Miscellaneous Provisions) Act (No 2) 2018 No 68 with effect from 9.1.2019.

Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the Interpretation Act 1987.

File last modified 8 January 2019.

Land Tax Management (Transitional) Regulation 2018

[2018-173]

Contents

Land Tax Management (Transitional) Regulation 2018

1   Name of Regulation

This Regulation is the Land Tax Management (Transitional) Regulation 2018.

2   Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

3   Refund of surcharge land tax for 2017 land tax year

(1)  The Chief Commissioner must assess or reassess the surcharge land tax chargeable on residential land on the basis that no surcharge land tax is chargeable on the residential land for the land tax year starting on 1 January 2017 if:

(a)  a liability for surcharge land tax arose at midnight on 31 December 2016, and

(b)  a relevant determination is made by the Chief Commissioner before 1 January 2018 and is approved by the Treasurer for the purposes of this clause, and

(c)  the Chief Commissioner is satisfied that no surcharge land tax would have been chargeable on the residential land had the relevant determination been made before the liability for surcharge land tax arose.

(2)  A relevant determination is a determination made under section 104I (2) of the Duties Act 1997 (as inserted by the State Revenue and Other Legislation Amendment (Budget Measures) Act 2017).

(3)  In the case of a reassessment, the Chief Commissioner must refund any surcharge land tax paid on the residential land if an application for the refund of the land tax is made within 5 years after the initial assessment.

(4)  In this clause, residential land has the same meaning as in Chapter 2A of the Duties Act 1997.

Historical notes

The following abbreviations are used in the Historical notes:

Am	amended	LW	legislation website	Sch	Schedule
Cl	clause	No	number	Schs	Schedules
Cll	clauses	p	page	Sec	section
Div	Division	pp	pages	Secs	sections
Divs	Divisions	Reg	Regulation	Subdiv	Subdivision
GG	Government Gazette	Regs	Regulations	Subdivs	Subdivisions
Ins	inserted	Rep	repealed	Subst	substituted

Table of amending instruments

Land Tax Management (Transitional) Regulation 2018 (173). LW 27.4.2018. Date of commencement, on publication on LW, cl 2.