2014
2014
2014-05-21
act
government
publicspecial
act.reprint
allinforce
2013-05-29
2013-05-29
1
2014-05-21
act-1987-015
2013
none
act-2014-019
6a75d83e-cfc7-497c-867a-9e4d170a33d9
9dc53d0f-b990-4409-b19a-7b7993883505
Repeal:
The Act was repealed by sec 30C of the Interpretation Act 1987 No 15 with
effect from 21.5.2014.
An Act to make miscellaneous amendments to
certain State revenue legislation.
1Name of
Act
This Act is the State Revenue
Legislation Amendment Act 2014.
2Commencement
(1)
This Act commences on the date of assent to this
Act, except as provided by subsection (2).
(2)
Schedule 1 commences on 1 July 2013, or the date
of assent to this Act, whichever is the later.
Schedule 1Amendment of Duties Act 1997 No
123
[1]Section 54 Change in
trustees
Omit “a special trustee or” from
section 54 (3).
Insert instead “a special trustee, a
trustee of a self managed superannuation fund or
a”.
[2]Section 68
Exemptions—break-up of marriages and other
relationships
Omit the definitions of matrimonial property and relationship property from section
68 (5).
Insert in alphabetical order:
matrimonial property means property
in relation to the parties to a marriage or of either of them (within the
meaning of the Family Law Act 1975 of the
Commonwealth), including any property treated as property in relation to the
parties or of either of them as a result of an order made under that
Act.
relationship property:
(a)
in relation to a de facto relationship, means
property in relation to the parties to the de facto relationship or of either
of them (within the meaning of the Family Law Act
1975 of the Commonwealth), including any property treated
as property in relation to the parties or of either of them as a result of an
order made under that Act, or
(b)
in relation to a domestic relationship, means
property of the parties to the relationship or of either of
them.
[3]Section 149 What is a
“relevant acquisition”?
Omit “transactions” from section 149
(1) (a) (iii).
Insert instead
“acquisitions”.
[4]Section 152 Acquisition
statements
Insert “within 3 months after the relevant
acquisition is made” after “Chief Commissioner” in section
152 (1).
[5]Section 163B
Exemption—break-up of marriages and other
relationships
Omit the definitions of matrimonial property and relationship property from section
163B (8).
Insert in alphabetical order:
matrimonial property means property
in relation to the parties to a marriage or of either of them (within the
meaning of the Family Law Act 1975 of the
Commonwealth), including any property treated as property in relation to the
parties or of either of them as a result of an order made under that
Act.
relationship property:
(a)
in relation to a de facto relationship, means
property in relation to the parties to the de facto relationship or of either
of them (within the meaning of the Family Law Act
1975 of the Commonwealth), including any property treated
as property in relation to the parties or of either of them as a result of an
order made under that Act, or
(b)
in relation to a domestic relationship, means
property of the parties to the relationship or of either of
them.
[6]Schedule 1 Savings,
transitional and other provisions
Insert after Part 39:
Part 40Provisions consequent on
enactment of State Revenue Legislation Amendment
Act 2014
107Definition
In this Part:
amending
Act means the State Revenue
Legislation Amendment Act 2014.
108General application of
amendments
(1)
An amendment made to Chapter 2 by the amending
Act applies in respect of a dutiable transaction that occurs on or after the
commencement of the amendment.
(2)
However, an amendment made to Chapter 2 by the
amending Act does not apply to a transfer of dutiable property made in
conformity with an agreement for sale or transfer of the dutiable property
that was entered into before the commencement of the
amendment.
(3)
Any other amendment made to this Act by the
amending Act applies in relation to any liability for duty that arises on or
after the commencement of the amendment.
109Application of amendments to
landholder duty
(1)
A landholder duty amendment does not apply to an
acquisition in a landholder that is made on or after the commencement of the
landholder duty amendment, if the acquisition is made in conformity with an
agreement for sale first executed before that
commencement.
(2)
This Act applies in respect of such an
acquisition as if the landholder duty amendment had not been
made.
(3)
In this clause, a landholder duty amendment means an
amendment made by the amending Act to Chapter 4.
[7]Dictionary, clause
1
Insert “or discretionary trust” after
“public unit trust scheme” wherever occurring in paragraphs (d)
and (e) of the definition of related
person.
[8]Dictionary, clause 2 (4) and
(5)
Insert after clause 2 (3):
(4)
A trustee of a complying superannuation fund and
the trustee for another complying superannuation fund are considered to be
associated persons under subclause (1) (d) only if:
(a)
a member of the first fund who holds a
significant interest in that fund is also a member of the other fund and holds
a significant interest in that other fund, or
(b)
a member of the first fund holds a significant
interest in the first fund and a related person to that member (who is a
member of the other fund) holds a significant interest in the other
fund.
(5)
A member of a complying superannuation fund holds
a significant interest in the fund if
the member has an interest in the fund that (either alone or when aggregated
with the interests in the fund held by related persons who are members of the
fund) is an interest of more than 20%.
Schedule 2Amendment of Land Tax Management Act 1956 No
26
[1]Section 3
Definitions
Insert in alphabetical order in section 3
(1):
unit
trust means a trust in respect of which the beneficiaries of
the trust are owners of units in the trust and each unit holder, or each unit
holder of a particular class:
(a)
is entitled, as a beneficiary of the trust, to
participate in any income or capital distributions (or both) of the trust,
and
(b)
the amount or proportion of any income or capital
distribution to which the unit holder is entitled is based on the number or
class of units owned by the person (or both).
[2]Section 3A Special
trust—meaning
Insert after section 3A (3B) (b):
(c)
if the trust is a unit trust:
(i)
there must be only one class of units issued,
and
(ii)
the proportion of trust capital to which a unit
holder is entitled on a winding up or surrender of units must be fixed and
must be the same as the proportion of income of the trust to which the unit
holder is entitled.
[3]Section 10 Land exempted from
tax
Omit section 10 (1) (d). Insert instead:
(d)
land owned by or in trust for a charitable
body,
[4]Section 10 (1) (g)
(ii)
Omit the subparagraph. Insert instead:
(ii)
a school registered under the Education Act
1990,
[5]Section 10 (1) (g)
(iv)
Omit the subparagraph. Insert instead:
(iv)
a charitable body,
[6]Section 10 (1) (u) and
(v)
Insert after section 10 (1) (t):
(u)
land that is used solely for the provision of an
approved education and care service (within the meaning of the Children (Education and Care Services) National Law
(NSW)), but only if:
(i)
the service is provided by an approved provider
under that Law, and
(ii)
the land is the place where children are educated
or cared for by the service,
(v)
land that is used solely for the provision of an
approved education and care service (within the meaning of the Children (Education and Care Services) Supplementary
Provisions Act 2011), but only if:
(i)
the service is a centre based education and care
service within the meaning of that Act, and
(ii)
the service is provided by an approved provider
under that Act, and
(iii)
the land is the place where children are educated
or cared for by the service.
[7]Section 10
(5)
Insert in alphabetical order:
charitable body means a body
corporate, society, institution or other body carried on solely for charitable
or educational purposes and not for pecuniary profit.
[8]Section 10AA Exemption for
land used for primary production
Omit section 10AA (4). Insert instead:
(4)
For the purposes of this section, land is
rural
land if:
(a)
the land is zoned rural, rural residential,
non-urban or large lot residential under a planning instrument,
or
(b)
the land has another zoning under a planning
instrument, and the zone is a type of rural zone under the standard instrument
prescribed under section 33A (1) of the Environmental
Planning and Assessment Act 1979, or
(c)
the land is not within a zone under a planning
instrument but the Chief Commissioner is satisfied the land is rural
land.
[9]Section
20
Omit the section. Insert instead:
20Holder of limited estate taken
to be owner
(1)
The following persons are taken to be owners of
land and are to be assessed for land tax accordingly:
(a)
the owner of any freehold estate in land less
than the fee-simple (a limited
estate),
(b)
any person entitled to an estate in the land in
reversion or remainder.
(2)
For that purpose:
(a)
the owner of the limited estate is taken to be
the primary taxpayer, and
(b)
the person entitled to an estate in the land in
reversion or remainder is taken to be the secondary taxpayer,
and
(c)
there is to be deducted from the land tax payable
by the secondary taxpayer in respect of the land such amount (if any) as is
necessary to prevent double taxation.
(3)
If the limited estate is a life estate, the life
tenant under the life estate is taken to be an owner of the land to the
exclusion of any person entitled to an estate in the land in reversion or
remainder, but only if:
(a)
the life estate was created by the express terms
of a will (and not by the exercise of a discretion conferred by a will),
and
(b)
the duration of the life estate is based on the
life of the tenant and not the life of some other
person.
(4)
This section does not apply if the limited estate
is a freehold estate arising by virtue of a lease for life under a lease or an
agreement for lease.
[10]Schedule 1AA Family unit
trusts—special provisions
Omit clause 1 from the
Schedule.
[11]Schedule 1A Principal place of
residence exemption
Omit “clause” wherever occurring in
clause 2 (3) and (4).
Insert instead
“Schedule”.
[12]Schedule 1A, clause 7
Concession for change to principal place of residence
Omit “owner, and” from clause 7 (2)
(c) (ii). Insert instead “owner.”.
[13]Schedule 1A, clause 7 (2)
(d)
Omit the paragraph.
[14]Schedule 1A, clause 7 (3) and
(3A)
Omit clause 7 (3). Insert instead:
(3)
The principal place of residence exemption cannot
be claimed for both a former residence and a new residence under this clause
for more than one taxing date.
(3A)
A principal place of residence exemption that
applies, by operation of this clause, to land not actually used and occupied
by a person at the relevant taxing date is revoked if the person is not
actually using and occupying the new residence as his or her principal place
of residence by the next taxing date immediately following the relevant taxing
date.
[15]Schedule 1A, clause 7
(5)
Omit the subclause.
[16]Schedule 1A, clause 8
(1)
Omit the subclause. Insert instead:
(1)
A person is taken, for the purpose of the
principal place of residence exemption, to continue to use and occupy land
formerly used and occupied by the person as a principal place of residence (a
former
residence), after the person ceases to so use and occupy the
former residence, if the Chief Commissioner is satisfied that:
(a)
the person used and occupied the former residence
as a principal place of residence for a continuous period of at least 6
months, and
(b)
the person does not own any other land used and
occupied by the person as a principal place of
residence.
[17]Schedule 1A, clause 11
(5A)
Insert after clause 11 (5):
(5A)
To avoid doubt, land that is taken to be owned by
more than one person under this Act is taken, for the purposes of this clause,
to be jointly owned by them.
Note—
See, for example, sections 20 and
25.
[18]Schedule 1A, clause 11 (6),
note
Insert “Section 20 provides for
circumstances in which a life tenant is taken to be the owner of land, to the
exclusion of another owner (including a company).” before “Section
21A”.
[19]Schedule 2 Savings and
transitional provisions
Insert after Part 26:
Part 27Provisions consequent on
enactment of State Revenue Legislation Amendment
Act 2014
55General application of
amendments
The amendments made to this Act by the State Revenue Legislation Amendment Act
2014 apply to the assessment of land tax liability in
respect of the 2014 land tax year and subsequent land tax
years.
56Amendments relating to child
care services
Section 10 (1) (u) and (v), as inserted by the
State Revenue Legislation Amendment Act
2014, extend to the assessment of land tax liability in
respect of the 2013 land tax year.
57Fixed
trusts
A unit trust that satisfies the relevant criteria
referred to in section 3A, as amended by the State Revenue
Legislation Amendment Act 2014, by the end of 30 June 2013
is taken to be a fixed trust under section 3A (3) in relation to the 2013 land
tax year.
Schedule 3Amendment of Taxation Administration Act 1996 No
97
[1]Section 47A
Definitions
Omit the definition of assessment amount. Insert
instead:
corporate
tax liability means:
(a)
the amount of tax that a corporation has been
assessed as being liable to pay, as set out in a notice of assessment issued
to the corporation, and
(b)
any interest or penalty tax payable in respect of
an amount referred to in paragraph (a).
[2]Section 47A, definition of
“special arrangement”
Omit “an assessment amount”. Insert
instead “a corporate tax liability”.
[3]Section 47B Liability of
directors and former directors of corporation for failure to pay corporate tax
liability
Omit “an assessment amount” and
“the assessment amount” wherever occurring in section 47B (1) and
(3)–(5).
Insert instead “a corporate tax
liability” and “the corporate tax liability”
respectively.
[4]Section 47B (2) and
(2A)
Omit section 47B (2). Insert instead:
(2)
A compliance notice is a notice that
advises a director or former director of a corporation that he or she will be
liable to pay a corporate tax liability of the corporation if the failure to
pay the corporate tax liability is not rectified before the end of a period
specified in the notice (the compliance
period).
(2A)
The compliance period is to be a period of not
less than 21 days from the date the notice is served on the director or former
director.
[5]Section 47B
(3)
Insert “before the end of the compliance
period” after “if”.
[6]Section 47B
(4)
Omit “within the period specified in the
compliance notice”.
Insert instead “before the end of the
compliance period”.
[7]Section 47B
(4A)
Insert after section 47B (4):
(4A)
The Chief Commissioner is to issue to the
director or former director a notice of assessment of the tax liability of the
director or former director under this Division.
[8]Sections 47C and
47D
Omit “an assessment amount” and
“the assessment amount” wherever occurring.
Insert instead “a corporate tax
liability” and “the corporate tax liability”
respectively.
[9]Section
47E
Omit the section. Insert instead:
47EDefences
In proceedings for the recovery of a corporate
tax liability from a director or former director of a corporation under this
Division, it is a defence to the recovery of the corporate tax liability from
the director or former director if the director or former director establishes
that:
(a)
the director or former director took all
reasonable steps that were possible in the circumstances to ensure that the
corporation rectified the failure to pay the corporate tax liability before
the end of the compliance period for the compliance notice served on the
director or former director, or
(b)
the director or former director was unable,
because of illness or for some other similar good reason, to take steps to
ensure that the corporation rectified the failure to pay the corporate tax
liability before the end of the compliance period for the compliance notice
served on the director or former director.
[10]Schedule 1 Savings,
transitional and other provisions
Insert after Part 9:
Part 10Provisions arising from
enactment of State Revenue Legislation Amendment
Act 2014
39Director’s
liabilities
Division 2 of Part 7, as in force immediately
before the commencement of the amendments made by the State
Revenue Legislation Amendment Act 2014, continues to apply
to a compliance notice issued before that commencement.
Historical
notes
Table of amending
instruments
State Revenue
Legislation Amendment Act 2014 No 19. Assented to
20.5.2014. Date of commencement, Sch 1 excepted, assent, sec 2 (1); date of
commencement of Sch 1, assent, sec 2 (2).