South Australian Numbered Acts

STATUTES AMENDMENT (BUDGET 2016) ACT 2016 (NO 57 OF 2016) - SECT 67

67—Amendment of section 5—Exemption or partial exemption of certain land from land tax

        (1)         Section 5(10)—after paragraph (ab) insert:

            (ac)         subject to this section, land may be wholly exempted from land tax if—

                  (i)         the land is owned by a natural person (whether or not he or she is the sole owner of the land) who has ceased to occupy the land; and

                  (ii)         the buildings on the land immediately before the person ceased to occupy the land had a predominantly residential character; and

                  (iii)         no part of the land is used for a business or commercial purpose (other than the business of primary production) or the part of the land so used is less than 25% of the total floor area of all buildings on the land; and

                  (iv)         the Commissioner is satisfied—

                        (A)         that the person has ceased to occupy the land as his or her principal place of residence because a building on the land is being renovated or rebuilt; and

                        (B)         that the buildings on the land will, after the completion of the renovation or rebuilding, have a predominantly residential character; and

                        (C)         that the person intends to resume occupation of the land as his or her principal place of residence when the renovation or rebuilding work is complete (or is completed to a suitable stage); and

                  (v)         the person is not receiving an exemption from land tax under another provision of this subsection in relation to other land that constitutes the person's principal place of residence;

            (ad)         subject to this section, land may be wholly exempted from land tax if—

                  (i)         the land is owned by a natural person (whether or not he or she is the sole owner of the land); and

                  (ii)         no part of the land is used for a business or commercial purpose (other than the business of primary production) or the part of the land so used is less than 25% of the total floor area of all buildings on the land; and

                  (iii)         the Commissioner is satisfied—

                        (A)         that the person is, or will be, renovating or constructing a building or buildings on the land; and

                        (B)         that the buildings on the land will, after the completion of the renovation or construction work, have a predominantly residential character; and

                        (C)         that the person intends to occupy the land as his or her principal place of residence when the renovation or construction work is completed (or is completed to a suitable stage); and

                  (iv)         the person is not receiving an exemption from land tax under another provision of this subsection in relation to other land that constitutes the person's principal place of residence;

        (2)         Section 5—after subsection (10) insert:

        (10a)         Land is not exempt from land tax during a financial year under subsection (10)(ac) or (ad) unless—

            (a)         the Commissioner is satisfied that—

                  (i)         the owner who applied for the exemption occupies the property as his or her principal place of residence for a period of at least 12 months after completion (or completion to a suitable stage) of the renovation, rebuilding or construction work to which the application related; or

                  (ii)         the owner who applied for the exemption intended to so occupy the property when applying for the exemption but there were good reasons why the owner was unable to do so; and

            (b)         the Commissioner is satisfied that no rent or other consideration is paid or payable for occupation by some other person, during the financial year or, in a case where paragraph (a)(i)

applies, during the period referred to in paragraph (a)(i)

.

        (10b)         Land may not be exempted from land tax under subsection (10)(ac) or (ad) for a period that exceeds 2 years unless there are, in the Commissioner's opinion, good reasons to exempt the land for a longer period.

        (10c)         The Commissioner may, on application under this subsection, grant a waiver or refund of land tax paid or payable by or on behalf of an owner of land for a financial year if—

            (a)         proper grounds for exempting the land from land tax under subsection (10)(ac) or (ad) existed for that financial year; and

            (b)         the application is made not more than 5 years after the assessment of the liability to the tax to which the application relates.