New South Wales Consolidated Acts

DUTIES ACT 1997 - SECT 104ZB

104ZB Reduction of dutiable value of land used for non-residential purposes

(1) If the Chief Commissioner is satisfied that the residential land to which the residential-related property relates is used for purposes other than residential purposes, the duty chargeable under this Chapter is to be calculated after reducing the dutiable value of the residential-related property by the apportionment factor.

(2) The apportionment factor is--

(a) if the land is mixed development land or mixed use land and there is an apportionment factor entered in the Register of Land Values in respect of the land value of the land under Division 5 or 5A of Part 1B of the Valuation of Land Act 1916 --that apportionment factor, or

(b) if paragraph (a) is not applicable--such other apportionment factor as the Chief Commissioner considers fair and reasonable to reflect the use of the land for non-residential purposes, subject to subsections (3) and (4).

(3) If there is no apportionment factor entered in the Register of Land Values in respect of the land value of the land, and the land is mixed development land or mixed use land, the Chief Commissioner may request the Valuer-General to determine the apportionment factor in respect of the land concerned.

(4) If a request is made under subsection (3)--

(a) the Valuer-General must determine the apportionment factor concerned and enter it in the Register of Land Values under the Valuation of Land Act 1916 , and

(b) that apportionment factor is to be applied in respect of the residential land.

Note : Divisions 5 and 5A of Part 1B of the Valuation of Land Act 1916 allow objections to be made against the amount of an apportionment factor.

(5) In this section--

"mixed development land" has the same meaning as in Division 5 of Part 1B of the Valuation of Land Act 1916 .

"mixed use land" has the same meaning as in Division 5A of Part 1B of the Valuation of Land Act 1916 .