New South Wales Consolidated Acts

LAND TAX ACT 1956 - SECT 3AL

3AL Levy of land tax after 31 December 2008

(1) In respect of the taxable value of all the land owned by any person at midnight on 31 December in any year (commencing with 2008) there is to be charged, levied, collected and paid under the provisions of the Principal Act and in the manner prescribed under that Act, land tax for the period of 12 months commencing on 1 January in the next succeeding year and at the applicable rate.

(2) For the purposes of this section, the
"applicable rate" is--

(a) the rate of land tax payable as specified in Part 1 of Schedule 13, except as provided for by paragraphs (b), (c) and (d), or

(b) if the land is subject to a special trust--the rate of land tax payable as specified in Part 2 of Schedule 13, or

(c) if the owner of the land is a non-concessional company and the taxable value of group land holdings of the non-concessional company does not exceed the premium rate threshold--the rate of land tax payable as specified in Part 3 of Schedule 13, or

(d) if the owner of the land is a non-concessional company and the taxable value of group land holdings of the non-concessional company exceeds the premium rate threshold--the rate of land tax payable as specified in Part 4 of Schedule 13.

(3) For the purposes of this section--

(a) a reference to
"group land holdings" of a non-concessional company is a reference to all land owned (whether jointly or severally) by members of the group of which the non-concessional company is a member on which land tax is payable, and

(b) a reference to a
"group" is a reference to a group within the meaning of section 29 (7) of the Principal Act.

(4) This section is subject to section 27 (2A) of the Principal Act (which relates to the assessment of land that is the subject of a special trust or that is jointly owned by a non-concessional company).

(5) If the total amount of land tax payable pursuant to this section by any person in any year would, but for this subsection, be less than $100, no land tax is payable.

(6) The land tax payable by a person must be reduced if--

(a) the land owned by the person includes land subject to property tax, and

(b) the person is an included owner of the land subject to property tax.

(7) The reduction must be in proportion to the value that the land subject to property tax bears to the value of all the land owned by the person.

(8) If the land subject to property tax is hybrid land, the value of the land subject to property tax means the value of the proportion of the land subject to property tax divided among the included owners of the land in proportion to their ownership shares.

(9) Terms used in subsections (6)-(8) have the same meanings as in the Property Tax (First Home Buyer Choice) Act 2022 .