Western Australian Numbered Acts Western Australian Numbered Acts (1) Private
residential property owned by the executor or administrator of an
individual’s estate is exempt, but only for the assessment year
following the financial year in which the individual died, if —
(a) the
individual’s ownership and use of the property as his or her primary
residence gave rise to an exemption under section 21 for the financial year in
which he or she died, or would have given rise to such an exemption if he or
she had owned the property and had been using it for that purpose on 30 June
before his or her death;
(b) the
executor or administrator is the owner of the property at midnight on 30 June
in the financial year in which the individual died; and
(c) the
individual’s estate does not derive any rent or other income from the
property between the date of the individual’s death and the end of the
assessment year.
(2) The exemption may
be allowed in advance if —
(a) the
individual’s estate has not derived any rent or other income from the
property between the date of the individual’s death and midnight on 30
June in the financial year in which he or she died; and
(b) the
executor or administrator advises the Commissioner that the estate is not
expected to derive any rent or other income from the property in the
assessment year.
(3) However, if the
individual’s estate derives any rent or other income from the property
in the assessment year, the executor or administrator must —
(a)
notify the Commissioner to that effect within 3 months after the end of
the assessment year; and
(b) give
the Commissioner any particulars needed to make a reassessment.
Penalty: $5 000.
(4) If the
Commissioner is notified, or otherwise becomes aware, that the estate has
derived rent or income from the property in the assessment year, the
Commissioner is to make a reassessment accordingly.