New South Wales Consolidated Acts

LAND TAX MANAGEMENT ACT 1956 - SECT 20

20 Holder of limited estate taken to be owner

(1) The following persons are taken to be owners of land and are to be assessed for land tax accordingly--

(a) the owner of any freehold estate in land less than the fee-simple (a
"limited estate" ),

(b) any person entitled to an estate in the land in reversion or remainder.

(2) For that purpose--

(a) the owner of the limited estate is taken to be the primary taxpayer, and

(b) the person entitled to an estate in the land in reversion or remainder is taken to be the secondary taxpayer, and

(c) there is to be deducted from the land tax payable by the secondary taxpayer in respect of the land such amount (if any) as is necessary to prevent double taxation.

(3) If the limited estate is a life estate, the life tenant under the life estate is taken to be an owner of the land to the exclusion of any person entitled to an estate in the land in reversion or remainder, but only if--

(a) the life estate was created by the express terms of a will (and not by the exercise of a discretion conferred by a will), and

(b) the duration of the life estate is based on the life of the tenant and not the life of some other person.

(4) This section does not apply if the limited estate is a freehold estate arising by virtue of a lease for life under a lease or an agreement for lease.