Land Tax Regulations 1912 (Amendment)

Legislation au C1913L00335 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1913. No. 335.

REGULATIONS UNDER THE LAND TAX ASSESSMENT ACT 1910-1912.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Land Tax Assessment Act 1910-1912 to come into operation forthwith. Such Regulations shall supersede the Provisional Regulations (Statutory Rules 1913, No. 69) under the said Act made on the fifth day of March, One thousand nine hundred and thirteen.

Dated this nineteenth day of December, One thousand nine hundred and thirteen.

DENMAN,

Governor-General.

By His Excellency’s Command,

JOSEPH COOK,

For the Treasurer.

1. Regulation 40 of the Land Tax Regulations 1912 (Statutory Rules 1912, No. 141) is amended by adding thereto the following sub-Regulation:—

“(4.) The Commissioner may set down the appeal for hearing at the next sitting of the Court of Appeal after the taxpayer has requested that the objection should be treated as an appeal.”

2. Regulation 54 of the Land Tax Regulations is repealed, and the following Regulation inserted in its stead:—

“Calculation of Values.

54. For the purposes of sections 25, 27, 28, and 34 of the Act the unimproved value of—

(a) land held by a legal tenant for life, without power to sell, under a settlement made before 1st July, 1910, or under the will of a testator who died before that day;

(b) a leasehold estate in land under a lease made or agreed to be made after the commencement of the Act, not being a lease made in pursuance of an agreement made before the commencement of the Act;

(c) a leasehold estate in land under a lease made or agreed to be made before the commencement of the Act;

(d) an estate of freehold arising by virtue of a lease for life under a lease or an agreement for a lease;

(e) an annuity charged on land under a settlement made before 1st July, 1910, or under the will of a testator who died before that day;

shall be calculated as follows:—

(1.) The value under (a) shall be the principal sum which, at 4½ per cent. per annum, simple interest, would produce an annual sum equal to the rent which the tenant for life obtains for the land, or which, if he let the land, he ought reasonably to be able to obtain:

C.17308.—Price 3d.


Provided that if the value thus obtained exceeds the actual unimproved value of the land, the actual unimproved value of the land shall be taken as the value under (a).

(2.). The value under (b) shall be calculated as follows:—

(i.) In cases where the lease is for a fixed period of years, under Table I. in the Schedule;

(ii.) In cases where the lease is for a term of years, but determinable upon the death of any person—

(A) under Table I. in the Schedule; or

(B) under Table II. or Table III. in the Schedule, as the case requires,

whichever gives the lower value.

(3.) The value under (c) shall be calculated as follows:—

(i.) where the lease is for a fixed period of years. In cases where the rent reserved by the lease varies during the currency of the lease, under Tables I. and V. in the Schedule; in all other cases, under Table I. in the Schedule;

(ii.) where the lease is for a term of years, but determinable on the death of any person. In cases where the rent reserved by the lease varies during the currency of the lease, under—

(A) Tables I. and V. in the Schedule; or

(B) Tables II. and V. or Table III. and V. in the Schedule, as the case requires,

whichever gives the lower value.

In cases where the rent reserved by the lease does not vary during the currency of the lease, under—

(A) Table I. in the Schedule; or

(B) Table II. or Table III. in the Schedule, as the case requires,

whichever gives the lower value.

(4.) The value under (d) shall be calculated as follows:—

(i.) In cases where the lease was made or agreed to be made before the commencement of the Act—

(A) where the rent reserved under the lease varies during the currency of the lease, under Tables II. and V., or Tables III. and V, in the Schedule, as the case requires;

(B) where the rent reserved under the lease does not vary during the currency of the lease, under Table II. or Table III., as the case requires;

(ii.) In cases where the lease was made or agreed to be made after the commencement of the Act, not being a lease made in pursuance of an agreement made before the commencement of the Act under Table II. or Table III. in the Schedule, as the case requires.

(5.) The value under (e) shall be calculated on the basis of 4½ per cent. as follows:—

(i.) In cases where the annuity is payable during the life of any person under Table II. or Table III. in the Schedule as the case requires;

(ii.) In cases where the annuity is payable for a fixed period, under Table I. in the Schedule.”

Printed and Published for the Government of the Commonwealth of Australia by Albert J. Mullett, Government Printer for the State of Victoria.

Overview

The Regulations under the Land Tax Assessment Act 1910-1912, issued in 1913, were created to provide detailed guidance on the implementation of the land tax provisions as set forth in the Act. These regulations were enacted by the Governor-General in Council and came into operation immediately, superseding the Provisional Regulations made earlier that year. The intent of these regulations was to ensure consistency and clarity in the assessment and calculation of land tax, thereby addressing issues of interpretation and application that might arise under the original Act. The Land Tax Assessment Act itself was designed to provide a framework for the assessment and collection of land taxes, which were seen as a necessary revenue source for the Commonwealth during this period. These regulations thus aimed to support the policy objective of efficiently managing land taxes by providing specific rules and methods for valuation and appeal processes.

Scope and Application

The Regulations under the Land Tax Assessment Act 1910-1912 apply to various stakeholders including individual taxpayers, legal tenants, and leaseholders, as well as entities holding land under specified conditions. These regulations primarily focus on the calculation of unimproved values for different types of land estates and leasehold interests, providing detailed guidelines on how such values should be determined for tax purposes. The scope of the Act extends to the Commonwealth of Australia, thereby affecting land taxation across the nation. The Act, through its regulations, sets out methods for calculating the unimproved value of land held under various types of leases and interests, and also modifies the procedure for appeals related to land tax objections. Notably, the Act does not specify any exclusions, exemptions, or thresholds within the regulations themselves, but it does provide detailed mechanisms for calculating the value of land under specific conditions. Additionally, the regulations may be further extended or modified through subordinate instruments, allowing for adjustments in line with changing economic conditions or administrative needs.

Key Provisions

The main operative sections of the Land Tax Regulations 1912, as amended by Statutory Rules 1913, No. 335, include amendments to Regulation 40 and the complete replacement of Regulation 54 with new provisions regarding the calculation of values for different types of land holdings (Regulation 40(4), Regulation 54). Regulation 40(4) allows the Commissioner to set down an appeal for hearing at the next sitting of the Court of Appeal after the taxpayer has requested that an objection should be treated as an appeal. Regulation 54 outlines the method for calculating the unimproved value of various types of land holdings, such as land held by a legal tenant for life, leasehold estates, and estates of freehold, based on different factors such as the length of the lease, the rent reserved, and whether the lease is fixed or variable (Regulation 54(1)-(5)). The obligations and requirements imposed by these Regulations on parties governed by the Land Tax Assessment Act 1910-1912 include the duty to calculate land values according to the specified methods outlined in Regulation 54. For instance, if a tenant holds land for life under a settlement made before 1 July 1910, the unimproved value must be calculated by determining the principal sum that would produce an annual rent equivalent to what the tenant receives or should reasonably obtain, with adjustments if this value exceeds the actual unimproved value of the land (Regulation 54(1)). Similarly, leasehold estates and annuities charged on land must be evaluated using specific tables provided in the Schedule, depending on the nature of the lease or annuity, to ensure accurate assessment (Regulation 54(2)-(5)). The Regulations also establish potential penalties and consequences for non-compliance with the stipulated land value calculation methods. While the specific penalties are not detailed in the Regulations themselves, breaches of the Land Tax Assessment Act 1910-1912 could lead to legal action, financial penalties, or other enforcement measures as prescribed by the overarching Act. The accuracy and adherence to these value calculation methods are crucial to avoid disputes and potential litigation regarding land tax assessments.

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Taxation Law
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Regulation
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Definitions & Interpretation
Calculation of Values
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.