New South Wales Consolidated Acts

LAND TAX MANAGEMENT ACT 1956 - SECT 27

27 Joint owners

(1) Joint owners of land shall be assessed and liable for land tax in accordance with the provisions of this section.

(2) Joint owners (except those of them whose interests are exempt from taxation under this Act) are to be jointly assessed and liable in respect of the aggregate value of their proportionate interests in the land as if the land were owned by one person, without regard to their respective interests therein and without taking into account any land owned by any one of them in severalty or as joint owner with any other person (but by excluding the proportionate value of the interest of any joint owner so exempt).

(2A) Where a joint owner of land is--

(a) a trustee under a special trust to which the land is subject, or

(b) a company classified under section 29 as a non-concessional company,

no regard shall be had to the existence of the special trust or classification, as the case may be, in relation to the joint assessment and liability of the joint owners of the land as referred to in subsection (2), but regard shall be had to the existence of the special trust or classification, as the case may be, in relation to the separate assessment and liability of the joint owners as referred to in subsection (3).

(3) Each joint owner of land shall in addition be separately assessed and liable in respect of--

(a) his or her individual interest in the land (as if he or she were the owner of a part of the land in proportion to his or her interest), together with

(b) any other land owned by him or her in severalty, and

(c) his or her individual interests in any other land.

(4) The joint owners in respect of their joint assessment shall be deemed to be the primary taxpayer, and each joint owner in respect of his or her separate assessment to be a secondary taxpayer; and from the land tax payable in respect of his or her interest in the land by each joint owner under subsection (3) there shall be deducted such amount (if any) as is necessary to prevent double taxation.

(5) A joint owner of land who is not otherwise exempt from taxation under this Act is not exempt merely because the person is a joint owner with the Commonwealth, and the person is to be assessed and liable under this section accordingly (with the interest of the Commonwealth being treated as the interest of a joint owner exempt from taxation under this Act).

Note--: See also Schedule 1AA in relation to family unit trusts.