Western Australian Current Acts Western Australian Current Acts (1) An acquisition is
exempt if —
(a) when
the acquisition occurs, the residential landholder or a linked entity in
respect of the landholder is entitled to a parcel of land and the landholder,
linked entity or an associate of the landholder intends to subdivide or
complete subdividing the parcel of land for the purpose of a person
constructing 10 or more dwellings on the land; and
[(b) deleted]
(c)
within the period of 5 years beginning on the day on which the acquisition
occurs, the landholder, linked entity or associate —
(i)
begins subdividing the parcel of land; or
(ii)
if subdividing the parcel of land has begun when the
acquisition occurs, completes subdividing the parcel of land;
and
(d) the
interest the subject of the acquisition has not been disposed of by the
acquirer when the landholder, linked entity or associate —
(i)
begins subdividing the parcel of land; or
(ii)
if subdividing the parcel of land has begun when the
acquisition occurs, completes subdividing the parcel of land;
and
(e) the
parcel of land is, in the Commissioner’s opinion, suitable for 10 or
more dwellings.
(2) An application for
reassessment under section 205ZR because of this section must be made on or
before the later of the following —
(a) the
last day of the period of 1 year beginning on the day on which the landholder,
linked entity or associate —
(i)
begins subdividing the parcel of land; or
(ii)
if subdividing the parcel of land has begun when the
acquisition occurs, completes subdividing the parcel of land;
(b) the
last day of the period of 5 years beginning on the day on which the
acquisition occurs.
(3) For the purposes
of subsections (1)(c) and (d) and (2)(a) —
(a) a
person begins subdividing land on the day on which the land is subdivided
under the Land Tax Assessment Act 2002 Glossary clause 3; and
(b) a
person completes subdividing land on the day on which the new certificate of
title is created and registered for the subdivided land.
[Section 205ZP inserted: No. 24 of 2018 s. 8;
amended: No. 12 of 2019 s. 114; No. 29 of 2023 s. 7.]