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TASMANIA
__________
TAXATION AND RELATED LEGISLATION
(MISCELLANEOUS AMENDMENTS) BILL 2011
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - DUTIES ACT 2001 AMENDED
3. Principal Act
4. Section 16 amended (No double duty)
5. Section 36A amended (Definitions)
6. Section 36B amended (Application of Division)
7. Section 36D amended (Dutiable value of transactions)
8. Section 56 amended (Exemptions - break-down of marriages)
9. Section 56A amended (Exemptions - break-down of de facto
relationships)
10. Section 57 amended (Exemptions - personal relationships)
11. Section 72 amended (Exemptions)
PART 3 - FIRST HOME OWNER GRANT ACT 2000 AMENDED
12. Principal Act
13. Section 12 amended (Criterion 5 - Residence and ownership
requirement)
14. Section 18 amended (Amount of grant)
[Bill 27]-IV
15. Section 20 amended (Payment in anticipation of compliance
with residence requirement)
PART 4 - LAND TAX ACT 2000 AMENDED
16. Principal Act
17. Section 6A amended (Shack land)
18. Section 8 amended (General land)
19. Section 24 amended (Aggregate land value)
PART 5 - LAND TAX ACT 2000 FURTHER AMENDED
20. Principal Act
21. Section 6A amended (Shack land)
PART 6 - PAYROLL TAX ACT 2008 AMENDED
22. Principal Act
23. Section 26 amended (Place where wages are payable)
24. Section 72 amended (Groups of commonly controlled
businesses)
PART 7 - REPEAL OF ACT
25. Repeal
2
TAXATION AND RELATED LEGISLATION
(MISCELLANEOUS AMENDMENTS) BILL 2011
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
24 May 2011
(Brought in by the Treasurer, the Honourable Larissa Tahireh
Giddings)
A BILL FOR
An Act to amend the Duties Act 2001, the First Home
Owner Grant Act 2000, the Land Tax Act 2000 and the
Payroll Tax Act 2008
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Taxation and
Related Legislation (Miscellaneous
Amendments) Act 2011.
[Bill 27] 3
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2011
Act No. of
s. 2 Part 1 - Preliminary
2. Commencement
(1) Except as provided in this section, this Act
commences on the day on which this Act
receives the Royal Assent.
(2) Part 5 is taken to have commenced on
1 July 2010.
4
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2011
Act No. of
Part 2 - Duties Act 2001 Amended s. 3
PART 2 - DUTIES ACT 2001 AMENDED
3. Principal Act
In this Part, the Duties Act 2001* is referred to
as the Principal Act.
4. Section 16 amended (No double duty)
Section 16 of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsection:
(1) If a dutiable transaction is effected by
more than one instrument, one
instrument is to be stamped with the duty
payable on the dutiable transaction and
each other instrument is to be stamped
with nil duty payable.
5. Section 36A amended (Definitions)
Section 36A(1) of the Principal Act is amended
by inserting after the definition of
"consideration" the following definition:
"excluded costs" means -
(a) legal costs or other fees or
charges, including reasonable
*No. 15 of 2001
5
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2011
Act No. of
s. 5 Part 2 - Duties Act 2001 Amended
selling agents' fees and any
statutory fees or charges; and
(b) survey or valuation payments;
and
(c) GST other than in circumstances
where an input tax credit or
reduced input tax credit is
available; and
(d) any other costs that, in the
Commissioner's opinion, were
reasonably incurred -
(i) if the subsequent
purchaser obtained the
transfer right from the
first purchaser, by the
first purchaser as part of
the sale contract; or
(ii) if the subsequent
purchaser obtained the
transfer right from
another subsequent
purchaser, by that other
subsequent purchaser or
an associate of that other
subsequent purchaser in
order for that other
subsequent purchaser to
obtain a transfer right;
6
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2011
Act No. of
Part 2 - Duties Act 2001 Amended s. 6
6. Section 36B amended (Application of Division)
Section 36B(4) of the Principal Act is amended
by inserting ", other than reimbursement of
excluded costs," after "obtain the transfer right "
in the definition of "additional consideration".
7. Section 36D amended (Dutiable value of
transactions)
Section 36D of the Principal Act is amended as
follows:
(a) by inserting in subsection (2)(a) ", other
than excluded costs" after "transaction";
(b) by inserting the following subsection
after subsection (2):
(3) If a subsequent purchaser has
obtained a transfer right in the
circumstances referred to in
section 36A(2), the value of the
subsequent transaction for the
purposes of subsection (2)(b) is to
be calculated only to the extent of
the transfer right obtained by the
subsequent purchaser under that
subsequent transaction.
7
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2011
Act No. of
s. 8 Part 2 - Duties Act 2001 Amended
8. Section 56 amended (Exemptions - break-down of
marriages)
Section 56 of the Principal Act is amended by
inserting after subsection (3) the following
subsection:
(4) In this section -
"child of the marriage" includes -
(a) a child of either or both of
the parties to the marriage;
and
(b) a trustee of such a child.
9. Section 56A amended (Exemptions - break-down of
de facto relationships)
Section 56A of the Principal Act is amended by
inserting after subsection (3) the following
subsection:
(4) In this section -
"child of the relationship" includes -
(a) a child of either or both of
the parties to the
relationship; and
(b) a trustee of such a child.
8
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2011
Act No. of
Part 2 - Duties Act 2001 Amended s. 10
10. Section 57 amended (Exemptions - personal
relationships)
Section 57 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(a)
"partners" second occurring and
substituting "relationship";
(b) by inserting the following subsection
after subsection (2):
(2A) If -
(a) ad valorem duty was paid
on a transfer, or
agreement for the sale or
transfer, of relationship
property to the parties to a
personal relationship or to
either of them, or to a
child of the relationship
who is under the age of
18; and
(b) the transfer or agreement
for the sale or transfer of
relationship property is
effected by or in
accordance with -
(i) a document
registered or
approved under
9
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2011
Act No. of
s. 10 Part 2 - Duties Act 2001 Amended
the Relationships
Act 2003; or
(ii) an order of the
court under that
Act; or
(iii) a prescribed
agreement; or
(iv) a purchase, at
public auction, of
property that,
immediately
before the auction,
was relationship
property, where
the public auction
is held to comply
with any such
document,
prescribed
agreement or
order; and
(c) the Commissioner is
satisfied that the personal
relationship has been
terminated -
the Commissioner must reassess
the transfer or agreement and
refund the duty paid.
10
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2011
Act No. of
Part 2 - Duties Act 2001 Amended s. 11
(c) by inserting the following definition
before the definition of "prescribed
agreement" in subsection (3):
"child of the relationship" means -
(a) a child of either or both of
the parties to the
relationship; and
(b) a trustee of such a child;
11. Section 72 amended (Exemptions)
Section 72 of the Principal Act is amended by
inserting after subsection (3) the following
subsections:
(4) Parties to a personal relationship or either
of them or a child of the relationship
under the age of 18 years are entitled to a
refund of duty paid on a relevant
acquisition where -
(a) ad valorem duty was paid on the
relevant acquisition; and
(b) the acquisition was pursuant to -
(i) a document registered or
approved under the
Relationships Act 2003;
or
11
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2011
Act No. of
s. 11 Part 2 - Duties Act 2001 Amended
(ii) an order of the court
under that Act; or
(iii) a prescribed agreement;
and
(c) the Commissioner is satisfied that
the personal relationship has been
terminated.
(5) In this section -
"child of the marriage" includes -
(a) a child of either or both of
the parties to the
marriage; and
(b) a trustee of such a child;
"child of the relationship" means -
(a) a child of either or both of
the parties to the
relationship; and
(b) a trustee of such a child;
"prescribed agreement" means an
agreement that is -
(a) a personal relationship
agreement or separation
agreement within the
meaning of the
Relationships Act 2003;
and
12
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2011
Act No. of
Part 2 - Duties Act 2001 Amended s. 11
(b) in accordance with
paragraphs (b), (c), (d)
and (e) of section 62(1) of
the Relationships Act
2003.
13
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2011
Act No. of
s. 12 Part 3 - First Home Owner Grant Act 2000 Amended
PART 3 - FIRST HOME OWNER GRANT ACT 2000
AMENDED
12. Principal Act
In this Part, the First Home Owner Grant Act
2000* is referred to as the Principal Act.
13. Section 12 amended (Criterion 5 - Residence and
ownership requirement)
Section 12 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(3) An applicant must retain his or her
relevant interest in the land to which the
application relates until the residence
requirement has been satisfied.
14. Section 18 amended (Amount of grant)
Section 18 of the Principal Act is amended by
omitting paragraph (b) and substituting the
following paragraph:
(b) $7 000.
Note: Where the consideration is zero, a grant is not payable.
*No. 19 of 2000
14
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2011
Act No. of
Part 3 - First Home Owner Grant Act 2000 Amended s. 15
15. Section 20 amended (Payment in anticipation of
compliance with residence requirement)
Section 20 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (3):
(3A) If a first home owner grant is paid
in anticipation of compliance
with the residence requirement
and an applicant ceases to retain
his or her relevant interest in the
land before satisfying the
residence requirement, the
applicant must, within 14 days
after ceasing to retain his or her
relevant interest -
(a) give written notice of that
fact to the Commissioner;
and
(b) repay the amount of the
grant -
unless the Commissioner has
exempted the applicant from the
residence requirement in
accordance with section 12(2).
(b) by omitting from subsection (4) "the
condition" and substituting "a condition";
15
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2011
Act No. of
s. 15 Part 3 - First Home Owner Grant Act 2000 Amended
(c) by inserting in subsection (4) "or
subsection (3A)" after "subsection (2)".
16
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2011
Act No. of
Part 4 - Land Tax Act 2000 Amended s. 16
PART 4 - LAND TAX ACT 2000 AMENDED
16. Principal Act
In this Part, the Land Tax Act 2000* is referred
to as the Principal Act.
17. Section 6A amended (Shack land)
Section 6A(4) of the Principal Act is amended
by omitting paragraphs (c) and (d) and
substituting the following paragraph:
(c) the owner of the land does not own, or if
the owner has a spouse both the owner
and the spouse do not own, in whole or
in part (whether separately, together or
with some other person) other land that
has been determined by the
Commissioner to be shack land.
18. Section 8 amended (General land)
Section 8 of the Principal Act is amended as
follows:
(a) by omitting from paragraph (b) "land."
and substituting "land; or";
*No. 74 of 2000
17
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2011
Act No. of
s. 19 Part 4 - Land Tax Act 2000 Amended
(b) by inserting the following paragraph after
paragraph (b):
(c) shack land.
19. Section 24 amended (Aggregate land value)
Section 24(1A) of the Principal Act is amended
as follows:
(a) by omitting "3" and substituting "4";
(b) by inserting ", shack land" after
"production land".
18
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2011
Act No. of
Part 5 - Land Tax Act 2000 Further Amended s. 20
PART 5 - LAND TAX ACT 2000 FURTHER AMENDED
20. Principal Act
In this Part, the Land Tax Act 2000* is referred
to as the Principal Act.
21. Section 6A amended (Shack land)
Section 6A(4)(a) of the Principal Act is amended
by inserting "or in another State or a Territory of
the Commonwealth" after "State".
*No. 74 of 2000
19
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2011
Act No. of
s. 22 Part 6 - Payroll Tax Act 2008 Amended
PART 6 - PAYROLL TAX ACT 2008 AMENDED
22. Principal Act
In this Part, the Payroll Tax Act 2008* is
referred to as the Principal Act.
23. Section 26 amended (Place where wages are
payable)
Section 26(2) of the Principal Act is amended by
omitting the note and substituting the following
note:
Note: The place where wages are paid or payable is sometimes
relevant to determining whether the wages are liable to payroll tax
under this Act. See section 11.
24. Section 72 amended (Groups of commonly
controlled businesses)
Section 72(2)(g) of the Principal Act is amended
by omitting "if" and substituting "is".
*No. 16 of 2008
20
Taxation and Related Legislation (Miscellaneous Amendments)
Act 2011
Act No. of
Part 7 - Repeal of Act s. 25
PART 7 - REPEAL OF ACT
25. Repeal
This Act is repealed on the ninetieth day from
the day on which it commences.
Government Printer, Tasmania 21