Revenue Laws Amendment (Taxation) Act 2007 (WA)

Western Australia

Revenue Laws Amendment (Taxation) Act 2007

Western Australia

Revenue Laws Amendment (Taxation) Act 2007

CONTENTS

Part 1 — Preliminary

1.	Short title	2
2.	Commencement	2
Part 2 — *Land Tax Act 2002* amended
3.	The Act amended	3
4.	Section 5 amended	3
Part 3 — *Land Tax Assessment*

Act 2002 amended

5.	The Act amended	4
6.	Section 38A inserted	4

38A.

Land used as an aged care facility

Part 4 — Metropolitan Region

Improvement Tax Act 1959

amended

7.	The Act amended	5
8.	Section 9 amended	5
9.	Section 10 inserted	5

10.

Rate of tax imposed after 30 June 2007

Part 5 — Stamp Act 1921 amended

Division 1 — The Act amended

10.

The Act amended

Revenue Laws Amendment (Taxation) Act 2007

Contents

Division 2 — Amendments relating to first

home owners

11.	Section 75AG amended	7
12.	Second Schedule amended	7
Division 3 — Amendments relating to motor

vehicles

13.	Second Schedule amended	8
14.	Third Schedule amended	9
Division 4 — Transitional provisions
15.	Schedule 4 amended	10
Division 2 — Provisions for *Revenue Laws*

Amendment (Taxation) Act 2007

1. Application of Act in relation to certain first

home owners

2. Application of Act in relation to certain

motor vehicles — 1 July 2007

3. Application of Act in relation to certain

motor vehicles — 1 January 2009

Reassessments

Western Australia

Revenue Laws Amendment (Taxation) Act 2007

No. 12 of 2007

An Act to amend —

•	the **Land Tax Act 2002; and**
•	the **Land Tax Assessment Act 2002; and**
•	the **Metropolitan Region Improvement Tax Act 1959; and**
•	the *Stamp Act 1921*.

[Assented to 29 June 2007]

The Parliament of Western Australia enacts as follows:

Revenue Laws Amendment (Taxation) Act 2007

Part 1	Preliminary
s. 1

Part 1 — Preliminary

1. Short title

This is the Revenue Laws Amendment (Taxation) Act 2007.

2. Commencement

This Act comes into operation, or is deemed to have come into

operation, as follows:

(a)	Part 1 comes into operation on the day on which this Act receives the Royal Assent (“assent day”);
(b)	Parts 2 and 4 come into operation on the day after assent day;
(c)	Part 3 —

(i) comes into operation on 30 June 2007 if assent day is not later than that day; or

(ii) is deemed to have come into operation on 30 June 2007 if assent day is later than that day;

(d)	Part 5 (other than section 13(2)) —

(i) comes into operation on 1 July 2007 if assent day is not later than that day; or

(ii) is deemed to have come into operation on 1 July 2007 if assent day is later than that day;

(e)	section 13(2) comes into operation on 1 January 2009.

Revenue Laws Amendment (Taxation) Act 2007

Land Tax Act 2002 amended

Part 2

s. 3

Part 2 — Land Tax Act 2002 amended

3. The Act amended

The amendments in this Part are to the Land Tax Act 2002*.

[* Reprint 1 as at 4 November 2005.

For subsequent amendments see Western Australian

Legislation Information Tables for 2006, Table 1.]

4. Section 5 amended

Section 5 is amended as follows:

(a)	in the heading to Table 5 by deleting “and subsequent financial years”;
(b)	by inserting after Table 5 the following Table —

“

Table 6: Land tax rates for 2007/08 and subsequent

financial years

Unimproved value of the

land

Exceeding

Not exceeding

Rate of land tax

($)

0	250 000	Nil
250 000	875 000	0.15 cent for each $1 in excess of $250 000
875 000	2 000 000	$937.50 + 0.75 cent for each $1 in excess of $875 000
2 000 000	5 000 000	$9 375.00 + 1.30 cents for each $1 in excess of $2 000 000
5 000 000	10 000 000	$48 375.00 + 1.55 cents for each $1 in excess of $5 000 000
10 000 000	$125 875.00 + 2.30 cents for each $1 in excess of $10 000 000

”.

Revenue Laws Amendment (Taxation) Act 2007

Part 3	Land Tax Assessment Act 2002 amended
s. 5

Part 3 — Land Tax Assessment Act 2002 amended

5. The Act amended

The amendment in this Part is to the Land Tax Assessment

Act 2002*.

[* Reprint 1 as at 11 August 2006.

For subsequent amendments see Western Australian Legislation Information Tables for 2006, Table 1 and Act No. 73 of 2006.]

6. Section 38A inserted

After section 38 the following section is inserted —

“

38A.

Land used as an aged care facility

(1)	In this section —
“aged care facility” means any building or any part of

a building used for the provision of a residential has been certified having regard to the building or the part of the building;

care service that is certified under the

“residential care” has the meaning given in the

Commonwealth Aged Care Act 1997.

(2)	Land is exempt for an assessment year if, at midnight 30 June in the previous financial year, it is used for the purposes of an aged care facility.

”.

Revenue Laws Amendment (Taxation) Act 2007

Metropolitan Region Improvement Tax Act 1959 amended

Part 4

s. 7

Part 4 — Metropolitan Region Improvement Tax

Act 1959 amended

7. The Act amended

The amendments in this Part are to the Metropolitan Region

Improvement Tax Act 1959*.

[* Reprint 3 as at 9 May 2003.

For subsequent amendments see Western Australian

Legislation Information Tables for 2006, Table 1.]

8. Section 9 amended

Section 9 is amended by inserting after “year of assessment” in

the second place where it occurs —

“

up to and including the year of assessment ending on

30 June 2007

”.

9. Section 10 inserted

After section 9 the following section is inserted —

“

10. Rate of tax imposed after 30 June 2007

The rates of Metropolitan Region Improvement Tax imposed by this Act and payable under the Planning and Development Act 2005 are set out in the Table to this section for the relevant year of assessment

according to the unimproved value of the land.

Revenue Laws Amendment (Taxation) Act 2007

Part 4	Metropolitan Region Improvement Tax Act 1959 amended
s. 9

Table 1: Metropolitan Region Improvement Tax rates for

2007/08 and subsequent years of assessment

Unimproved value of the

land

Exceeding

Not exceeding

Rate of Metropolitan Region

($)

Improvement Tax

250 000

Nil

250 000

0.18 cent for each $1 in excess

of $250 000

”.

Revenue Laws Amendment (Taxation) Act 2007

Stamp Act 1921 amended

Part 5

The Act amended

Division 1

s. 10

Part 5 — Stamp Act 1921 amended

Division 1 — The Act amended

10. The Act amended

The amendments in this Part are to the Stamp Act 1921*.

[* Reprint 16 as at 12 May 2006.

For subsequent amendments see Western Australian

Legislation Information Tables for 2006, Table 1.]

Division 2 — Amendments relating to first home owners

11. Section 75AG amended

Section 75AG(1a) is amended as follows:

(a)	in paragraph (a) by deleting “$350 000” and inserting instead —

“ $600 000 ”;

(b)	in paragraph (b) by deleting “$200 000” and inserting instead —

“ $400 000 ”.

12. Second Schedule amended

(1)	The Second Schedule item 4(2) is amended as follows:

(a)

by deleting “$250 000” in each place where it occurs “ $500 000 ”;

(b)	by deleting “$350 000” and inserting instead —

“ $600 000 ”;

(c)	by deleting “$13.20” and inserting instead —

“ $26.10 ”.

Revenue Laws Amendment (Taxation) Act 2007

Part 5	Stamp Act 1921 amended
Division 3	Amendments relating to motor vehicles
s. 13

(2)	The Second Schedule item 4(3) is amended as follows:

(a)	by deleting “$150 000” in each place where it occurs and inserting instead —

“ $300 000 ”;

(b)	by deleting “$200 000” and inserting instead —

“ $400 000 ”;

(c)	by deleting “$12.40” and inserting instead —

“ $15.70 ”.

Division 3 — Amendments relating to motor vehicles

13. Second Schedule amended

(1)	The Second Schedule item 14(1) is amended as follows:

(a)

in paragraph (a) by deleting “$15 000” and inserting “ $20 000 ”;

(b)	in paragraph (b) by deleting “$15 000” and inserting instead —

“ $20 000 ”;

(c)	in paragraph (b) by deleting “$40 000” and inserting instead —

“ $45 000 ”;

(d)	in paragraph (b) by deleting “15000” in the formula and inserting instead —

“ 20000 ”;

(e)	in paragraph (c) by deleting “$40 000” and inserting instead —

“ $45 000 ”.

Revenue Laws Amendment (Taxation) Act 2007

Stamp Act 1921 amended

Part 5

Amendments relating to motor vehicles

Division 3

s. 14

(2)	The Second Schedule item 14(1) is amended as follows:

(a)	in paragraph (a) by deleting “$20 000” and inserting instead —

“ $25 000 ”;

(b)	in paragraph (b) by deleting “$20 000” and inserting instead —

“ $25 000 ”;

(c)	in paragraph (b) by deleting “$45 000” and inserting instead —

“ $50 000 ”;

(d)	in paragraph (b) by deleting “20000” in the formula and inserting instead —

“ 25000 ”;

(e)	in paragraph (c) by deleting “$45 000” and inserting instead —

“ $50 000 ”.

(3)	The Second Schedule item 14(2) is amended as follows:

(a)	by inserting after “grant” —

“ or transfer ”;

(b)	by deleting “that has not previously been used nor licensed or registered under the Road Traffic Act 1974 or a corresponding State law”.

(4)	The Second Schedule item 14(3) is deleted.

14. Third Schedule amended

The Third Schedule clause 9 is amended by inserting after

subclause (6) the following subclauses —

“

(7)	A licence granted or transferred to a person for a caravan or camper trailer, that is, a trailer permanently fitted for human habitation in the course of a journey.

Revenue Laws Amendment (Taxation) Act 2007

Part 5	Stamp Act 1921 amended
Division 4	Transitional provisions
s. 15

(8)	In subclause (7) —
“trailer” means a vehicle designed to be drawn by another

vehicle.

”.

Division 4 — Transitional provisions

15. Schedule 4 amended

After Schedule 4 Division 1 the following Division is

inserted —

“

Division 2 — Provisions for Revenue Laws Amendment

(Taxation) Act 2007

1. Application of Act in relation to certain first home owners

(1)

Subject to subclause (3), this Act applies to and in relation

to an instrument referred to in section 75AG(1) executed on

or after 10 May 2007 as if the amendments in sections 11

and 12 of the Revenue Laws Amendment (Taxation)

Act 2007 had come into operation on 10 May 2007.

(2)

If, in relation to an instrument referred to in

section 75AG(1) executed on or after 12 February 2007 and

before 10 May 2007, the transferee, or each transferee, is a

participant in the scheme known as the First Start Shared

Equity Scheme (provided by the State through the

Department of Housing and Works), this Act applies to and

in relation to the instrument as if the amendments in

sections 11 and 12 of the Revenue Laws Amendment

(Taxation) Act 2007 had come into operation on

12 February 2007.

(3)

If an instrument referred to in section 75AG(1) (other than an instrument to which subclause (2) applies) was executed before 10 May 2007, this Act applies to and in relation to —

(a)	the instrument; and

Revenue Laws Amendment (Taxation) Act 2007

Stamp Act 1921 amended

Part 5

Transitional provisions

Division 4

s. 15

(b)	if the instrument is replaced by an instrument executed on or after 10 May 2007 — the replacement instrument, to the extent to which it is an instrument referred to in section 75AG(1),

as if the amendments made by sections 11 and 12 of the Revenue Laws Amendment (Taxation) Act 2007 had not come into operation.

(4)	In this clause, a reference to an instrument referred to in section 75AG(1) includes a reference to an instrument that would have been referred to in section 75AG(1) but for the amount or value of the consideration exceeding $350 000 or $200 000 (as the case requires).

2. Application of Act in relation to certain motor vehicles — 1 July 2007

(1)

This Act as amended by sections 13(1), (3) and (4) and 14

of the Revenue Laws Amendment (Taxation) Act 2007

applies to and in relation to the grant or transfer of a licence

the application for which was made on or after 1 July 2007.

(2)

If —

(a)	the application for the grant or transfer of a licence was made before 1 July 2007; or
(b)	under section 76K, the amount of duty payable in respect of the grant or transfer of a licence was assessed before 1 July 2007,

this Act applies to and in relation to the grant or transfer of

the licence as if the amendments made by sections 13(1), (3)

and (4) and 14 of the Revenue Laws Amendment (Taxation)

Act 2007 had not come into operation.

3. Application of Act in relation to certain motor vehicles — 1 January 2009

(1)	This clause has effect on and from 1 January 2009.

Revenue Laws Amendment (Taxation) Act 2007

Part 5	Stamp Act 1921 amended
Division 4	Transitional provisions
s. 15

(2)

This Act as amended by section 13(2) of the Revenue Laws

Amendment (Taxation) Act 2007 applies to and in relation to

the grant or transfer of a licence the application for which

was made on or after 1 January 2009.

(3)

If —

(a)	the application for the grant or transfer of a licence is made before 1 January 2009; or
(b)	under section 76K, the amount of duty payable in respect of the grant or transfer of a licence is assessed before 1 January 2009,

this Act applies to and in relation to the grant or transfer of the licence as if the amendments made by section 13(2) of the Revenue Laws Amendment (Taxation) Act 2007 had not

come into operation.

4. Reassessments

Subject to section 17 of the Taxation Administration

Act 2003, the Commissioner must make any reassessment

necessary to give effect to this Division.

”.