New South Wales Consolidated Acts

LAND TAX MANAGEMENT ACT 1956 - SECT 21B

21B Joint owners of block of flats deemed to be owners of lots

(1) This section applies to land if--

(a) the land is owned by joint owners, and

(b) the ownership of an interest in the jointly owned land gives the owner an exclusive right to occupy part of a building on the land (whether jointly with one or more of the co-owners or not), and

(c) part or all of the building comprises at least one flat, and

(d) the Chief Commissioner is satisfied that the whole of the land is reasonably used in connection with the occupation of the building.

(2) For the purposes of assessing land tax in respect of land to which this section applies--

(a) each part of a building in which such an exclusive right of occupancy exists is deemed to be a separate parcel (the
"notional parcel" ), and

(b) each person who has that exclusive right of occupancy is deemed to be the owner (or the persons who jointly have that exclusive right of occupancy are deemed to be joint owners) of the notional parcel, and

(c) each such notional parcel is deemed to be a lot in a freehold strata scheme under the Strata Schemes Development Act 2015 , and

(d) section 27 does not apply to the joint ownership of the whole of the land but does apply to the joint ownership (if applicable) of each notional parcel.

(3) For the purposes of the application of section 9B to and in respect of a notional parcel that under this section is deemed to be a lot, the proportion that the unit entitlement of that lot bears to the aggregate unit entitlement is--

(a) unless paragraph (b) applies, the proportion represented by the owner's or joint owners' interest in the land, or

(b) if the Chief Commissioner is not satisfied as to the fairness and reasonableness of the proportion obtained in accordance with paragraph (a), the proportion arrived at by the Chief Commissioner on a redetermination in accordance with subsection (4).

(4) The Chief Commissioner's redetermination is to be by reference to the proportion that the floor area of the notional parcel concerned bears to the total floor area that is separately occupied, or is capable of being used for separate occupation, on the land.