Western Australian Numbered Acts

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LAND TAX ASSESSMENT ACT 2002 (NO. 52 OF 2002) - SECT 32

32 .         Land owned by religious bodies

        (1)         Land is exempt for an assessment year if —

            (a)         at midnight on 30 June in the previous financial year it is owned by, vested in or held in trust for a religious body; and

            (b)         it is in good faith reserved or used as a site for religious purposes, including a site for a church or a chapel, for public worship, for educational purposes or for the residence of a minister of the religious body.

        (2)         However if, during an assessment year, reserved land is used for any other purpose or is sold, then land tax is payable on the land for the lesser of the following periods —

            (a)         the 5 financial years reckoned retrospectively from and including the assessment year;

            (b)         the number of financial years from and including the first financial year for which the land was exempt as a result of its use and ownership to and including the assessment year.

        (3)         The amount of land tax payable for each financial year for which land tax is payable under subsection (2) is assessed at the rate applicable for that year under the Land Tax Act 2002 .

        (4)         Despite section 17(4) of the Taxation Administration Act 2003 , the Commissioner is to make any reassessment necessary to give effect to subsection (2).

        (5)         In this section —

        "reserved land", in relation to an assessment year, means land that is exempt for that year under subsection (1) because it is or was reserved as a site for the purposes referred to in subsection (1)(b).



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