Taxation and Related Legislation (Miscellaneous Amendments) Act 2011
An Act to amend the Duties Act 2001 , the First Home Owner Grant Act 2000 , the Land Tax Act 2000 and the Payroll Tax Act 2008
[Royal Assent 28 June 2011]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1Preliminary1Short titleThis Act may be cited as the Taxation and Related Legislation (Miscellaneous Amendments) Act 2011 . 2Commencement (1) Except as provided in this section, this Act commences on the day on which this Act receives the Royal Assent. (2) Part 5 is taken to have commenced on 1 July 2010. PART 2Duties Act 2001 Amended3Principal ActIn this Part, the Duties Act 2001 is referred to as the Principal Act. 4Section 16 amended (No double duty) Section 16 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection: (1) If a dutiable transaction is effected by more than one instrument, one instrument is to be stamped with the duty payable on the dutiable transaction and each other instrument is to be stamped with nil duty payable. 5Section 36A amended (Definitions) Section 36A(1) of the Principal Act is amended by inserting after the definition of consideration the following definition: excluded costs means – (a) legal costs or other fees or charges, including reasonable selling agents’ fees and any statutory fees or charges; and (b) survey or valuation payments; and (c) GST other than in circumstances where an input tax credit or reduced input tax credit is available; and (d) any other costs that, in the Commissioner’s opinion, were reasonably incurred – (i) if the subsequent purchaser obtained the transfer right from the first purchaser, by the first purchaser as part of the sale contract; or (ii) if the subsequent purchaser obtained the transfer right from another subsequent purchaser, by that other subsequent purchaser or an associate of that other subsequent purchaser in order for that other subsequent purchaser to obtain a transfer right; 6Section 36B amended (Application of Division) Section 36B(4) of the Principal Act is amended by inserting ", other than reimbursement of excluded costs," after "obtain the transfer right " in the definition of additional consideration . 7Section 36D amended (Dutiable value of transactions) Section 36D of the Principal Act is amended as follows: (a) by inserting in subsection (2)(a) ", other than excluded costs" after "transaction"; (b) by inserting the following subsection after subsection (2) : (3) If a subsequent purchaser has obtained a transfer right in the circumstances referred to in section 36A(2) , the value of the subsequent transaction for the purposes of subsection (2)(b) is to be calculated only to the extent of the transfer right obtained by the subsequent purchaser under that subsequent transaction. 8Section 56 amended (Exemptions – break-down of marriages) Section 56 of the Principal Act is amended by inserting after subsection (3) the following subsection: (4) In this section – child of the marriage includes – (a) a child of either or both of the parties to the marriage; and (b) a trustee of such a child. 9Section 56A amended (Exemptions – break-down of de facto relationships) Section 56A of the Principal Act is amended by inserting after subsection (3) the following subsection: (4) In this section – child of the relationship includes – (a) a child of either or both of the parties to the relationship; and (b) a trustee of such a child. 10Section 57 amended (Exemptions – personal relationships) Section 57 of the Principal Act is amended as follows: (a) by omitting from subsection (1)(a) "partners" second occurring and substituting "relationship"; (b) by inserting the following subsection after subsection (2) : (2A) If – (a) ad valorem duty was paid on a transfer, or agreement for the sale or transfer, of relationship property to the parties to a personal relationship or to either of them, or to a child of the relationship who is under the age of 18; and (b) the transfer or agreement for the sale or transfer of relationship property is effected by or in accordance with – (i) a document registered or approved under the Relationships Act 2003 ; or (ii) an order of the court under that Act; or (iii) a prescribed agreement; or (iv) a purchase, at public auction, of property that, immediately before the auction, was relationship property, where the public auction is held to comply with any such document, prescribed agreement or order; and (c) the Commissioner is satisfied that the personal relationship has been terminated – the Commissioner must reassess the transfer or agreement and refund the duty paid. (c) by inserting the following definition before the definition of prescribed agreement in subsection (3) : child of the relationship means – (a) a child of either or both of the parties to the relationship; and (b) a trustee of such a child; 11Section 72 amended (Exemptions) Section 72 of the Principal Act is amended by inserting after subsection (3) the following subsections: (4) Parties to a personal relationship or either of them or a child of the relationship under the age of 18 years are entitled to a refund of duty paid on a relevant acquisition where – (a) ad valorem duty was paid on the relevant acquisition; and (b) the acquisition was pursuant to – (i) a document registered or approved under the Relationships Act 2003 ; or (ii) an order of the court under that Act; or (iii) a prescribed agreement; and (c) the Commissioner is satisfied that the personal relationship has been terminated. (5) In this section – child of the marriage includes – (a) a child of either or both of the parties to the marriage; and (b) a trustee of such a child; child of the relationship means – (a) a child of either or both of the parties to the relationship; and (b) a trustee of such a child; prescribed agreement means an agreement that is – (a) a personal relationship agreement or separation agreement within the meaning of the Relationships Act 2003 ; and (b) in accordance with paragraphs (b) , (c) , (d) and (e) of section 62(1) of the Relationships Act 2003 . PART 3First Home Owner Grant Act 2000 Amended12Principal ActIn this Part, the First Home Owner Grant Act 2000 is referred to as the Principal Act. 13Section 12 amended (Criterion 5 – Residence and ownership requirement) Section 12 of the Principal Act is amended by inserting after subsection (2) the following subsection: (3) An applicant must retain his or her relevant interest in the land to which the application relates until the residence requirement has been satisfied. 14Section 18 amended (Amount of grant) Section 18 of the Principal Act is amended by omitting paragraph (b) and substituting the following paragraph: (b) $7 000. | Note: Where the consideration is zero, a grant is not payable. |
15Section 20 amended (Payment in anticipation of compliance with residence requirement) Section 20 of the Principal Act is amended as follows: (a) by inserting the following subsection after subsection (3) : (3A) If a first home owner grant is paid in anticipation of compliance with the residence requirement and an applicant ceases to retain his or her relevant interest in the land before satisfying the residence requirement, the applicant must, within 14 days after ceasing to retain his or her relevant interest – (a) give written notice of that fact to the Commissioner; and (b) repay the amount of the grant – unless the Commissioner has exempted the applicant from the residence requirement in accordance with section 12(2) . (b) by omitting from subsection (4) "the condition" and substituting "a condition"; (c) by inserting in subsection (4) "or subsection (3A) " after " subsection (2) ". PART 4Land Tax Act 2000 Amended16Principal ActIn this Part, the Land Tax Act 2000 is referred to as the Principal Act. 17Section 6A amended (Shack land) Section 6A(4) of the Principal Act is amended by omitting paragraphs (c) and (d) and substituting the following paragraph: (c) the owner of the land does not own, or if the owner has a spouse both the owner and the spouse do not own, in whole or in part (whether separately, together or with some other person) other land that has been determined by the Commissioner to be shack land. 18Section 8 amended (General land) Section 8 of the Principal Act is amended as follows: (a) by omitting from paragraph (b) "land." and substituting "land; or"; (b) by inserting the following paragraph after paragraph (b) : (c) shack land. 19Section 24 amended (Aggregate land value) Section 24(1A) of the Principal Act is amended as follows: (a) by omitting "3" and substituting "4"; (b) by inserting ", shack land" after "production land". PART 5Land Tax Act 2000 Further Amended20Principal ActIn this Part, the Land Tax Act 2000 is referred to as the Principal Act. 21Section 6A amended (Shack land) Section 6A(4)(a) of the Principal Act is amended by inserting "or in another State or a Territory of the Commonwealth" after "State". PART 6Payroll Tax Act 2008 Amended22Principal ActIn this Part, the Payroll Tax Act 2008 is referred to as the Principal Act. 23Section 26 amended (Place where wages are payable) Section 26(2) of the Principal Act is amended by omitting the note and substituting the following note: Note: The place where wages are paid or payable is sometimes relevant to determining whether the wages are liable to payroll tax under this Act. See section 11. |
24Section 72 amended (Groups of commonly controlled businesses) Section 72(2)(g) of the Principal Act is amended by omitting "if" and substituting "is". PART 7Repeal of Act25RepealThis Act is repealed on the ninetieth day from the day on which all of the provisions of this Act commence. [Second reading presentation speech made in:
House of Assembly on 24 MAY 2011
Legislative Council on 14 JUNE 2011]