(1) The amount
specified in an assessment by the Commissioner as land tax payable in respect
of land for a financial year must be paid to the Commissioner within 30 days
after service of the assessment on the taxpayer, or, if there is more than one
taxpayer liable to pay the tax in respect of the land, on any one of the
taxpayers.
(a) a
person who otherwise would have been served with an assessment for—
(i)
the payment of an amount of land tax; or
(ii)
the correct amount of land tax,
has not been served with such an assessment or has been served with an
assessment for an incorrect amount (as the case requires) on account of—
(iii)
gaining an exemption (or partial exemption) from land tax
that should not have applied under this Act (including by an exemption
continuing after it should have come to an end); or
(iv)
receiving a waiver or refund that should not have been
given; or
(v)
the liability of a person who owns land as trustee of a
trust not being assessed in accordance with the applicable table under
Schedule 1; or
(vi)
an owner's total interest in land not being included in
an assessment in accordance with section 9(6); or
(vii)
corporations not being grouped as related corporations in
accordance with section 13G(5); and
(b) the
failure to serve the assessment, or to serve an assessment for the correct
amount of land tax, is attributable (wholly or in part) to—
(i)
false, misleading or incomplete information that has been
provided to the Commissioner; or
(ii)
information or a notification that should have been
provided to the Commissioner not being so provided,
then the provision, or non-provision, of that information (as the case may be)
will be taken to constitute a tax default by the person for the purposes of
the Taxation Administration Act 1996 .
(3) In connection with
the operation of subsection (2)—
(a) the
tax default will be taken to have occurred—
(i)
in the case of a default resulting in a failure to serve
an assessment for the payment of an amount of land tax on account of a matter
referred to in subsection (2)(a)(iii) or (iv)—on the day on
which the exemption applied from or the waiver or refund was given (as the
case may be); or
(ii)
in any other case—on the day on which the liability
to an amount of land tax should have been raised; and
(b) an
assessment under subsection (1) may specify any interest accrued or
penalty tax payable under the Taxation Administration Act 1996 in
respect of a preceding financial year, including where an assessment of
land tax has not been previously served with respect to that financial year,
or where an assessment served with respect to that financial year did not
identify the tax default; and
(c) a
liability to pay interest under the Taxation Administration Act 1996
will accrue from the day applying under paragraph (a) (and not a day
determined under section 25(1) of that Act).