Taxation Concessions and Rebates Act 2011
An Act to amend the Duties Act 2001 , the Employment Incentive Scheme (Payroll Tax Rebate) Act 2009 , the Land Tax Act 2000 and the Land Tax Rating Act 2000
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
This Act may be cited as the Taxation Concessions and Rebates Act 2011 .
(1) Except as provided in this section, this Act commences on the day on which this Act receives the Royal Assent.(2) Parts 2 and 4 are taken to have commenced on 16 June 2011.(3) Parts 5 and 6 are taken to have commenced on 1 July 2011.(4) Part 3 commences on 16 December 2011.
PART 2 - Duties Act 2001 Amended
In this Part, the Duties Act 2001 is referred to as the Principal Act.
4. Section 30 amended (First home owners – concessional rate)
Section 30 of the Principal Act is amended as follows:(a) by omitting subsection (2) and substituting the following subsection:(2) Subsection (1) applies to a dutiable transaction if the agreement for sale or transfer relating to that transaction was entered into on or after 20 May 2004 and on or before 16 June 2011.
Note: While the agreement for sale or transfer must have been entered into on or after 20 May 2004 and on or before 16 June 2011, it is not necessary that the transfer of dutiable property take place on or before 16 June 2011.
(b) by inserting the following subsections after subsection (6) :(6A) The Commissioner, unless satisfied to the contrary, is to presume the existence of a scheme referred to in subsection (5) if the parties to an agreement for sale or transfer entered into after 16 June 2011 enter into another agreement for sale or transfer with respect to the same or substantially the same property on or before 16 June 2011.(6B) In subsections (6) and (6A) , "parties", in relation to an agreement, includes a person or persons nominated by the parties.
5. Section 30A amended (First home owners – concession – vacant land)
Section 30A of the Principal Act is amended as follows:(a) by inserting in subsection (1)(c) "the transfer or" after "on";(b) by inserting in subsection (2) "a transfer or" after "applies to";(c) by inserting in subsection (2)(a) "and on or before 16 June 2011" after "2004".
PART 3 - Duties Act 2001 Further Amended
In this Part, the Duties Act 2001 is referred to as the Principal Act.
7. Section 30 repealed
Section 30 of the Principal Act is repealed.
8. Section 30A repealed
Section 30A of the Principal Act is repealed.
PART 4 - Employment Incentive Scheme (Payroll Tax Rebate) Act 2009 Amended
In this Part, the Employment Incentive Scheme (Payroll Tax Rebate) Act 2009 is referred to as the Principal Act.
10. Section 4 amended (Establishment of scheme)
Section 4 of the Principal Act is amended by inserting after subsection (2) the following subsections:(3) The Crown is to establish a scheme for the payment of rebates equivalent to the payroll tax paid on new employment created between 16 June 2011 and 30 June 2012.(4) Rebates under the scheme referred to in subsection (3) may be paid in respect of wages paid before 1 July 2013.
11. Section 7 amended (Repeal of Act)
Section 7 of the Principal Act is amended by omitting "1 January 2015" and substituting "1 January 2017".
12. Section 10 amended (Claim for rebate)
Section 10 of the Principal Act is amended by omitting subsection (7) and substituting the following subsections:(7) A claim under a scheme established under section 4(1) may not be made after 31 December 2011.(7A) A claim under a scheme established under section 4(3) may not be made after 31 December 2013.
PART 5 - Land Tax Act 2000 Amended
In this Part, the Land Tax Act 2000 is referred to as the Principal Act.
14. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by omitting the definition of shack land .
15. Section 6A repealed
Section 6A of the Principal Act is repealed.
16. Section 8 amended (General land)
Section 8 of the Principal Act is amended as follows:(a) by omitting from paragraph (b) "land; or" and substituting "land.";(b) by omitting paragraph (c) .
17. Section 16 amended (Notice of change in use of land)
Section 16 of the Principal Act is amended by omitting paragraph (ba) .
18. Section 19 amended (Other exempt land)
Section 19 of the Principal Act is amended as follows:(a) by omitting from paragraph (a) "land owned" and substituting "principal residence land or primary production land owned";(b) by omitting from paragraph (b) "land, 50%" and substituting "principal residence land or primary production land, 50%".
19. Section 20 amended (Amount of land tax)
Section 20(2) of the Principal Act is amended by omitting paragraph (ba) .
20. Section 24 amended (Aggregate land value)
Section 24(1A) of the Principal Act is amended as follows:(a) by omitting "4" and substituting "3";(b) by omitting ", shack land".
21. Section 36 amended (Onus of establishing facts)
Section 36(1) of the Principal Act is amended as follows:(a) by omitting from paragraph (d) "business;" and substituting "business.";(b) by omitting paragraph (e) .
PART 6 - Land Tax Rating Act 2000 Amended
In this Part, the Land Tax Rating Act 2000 is referred to as the Principal Act.
23. Section 5A repealed
Section 5A of the Principal Act is repealed.
PART 7 - Repeal of Act
This Act is repealed on the ninetieth day from the day on which Part 3 commences.
[Second reading presentation speech made in:
House of Assembly on 23 JUNE 2011
Legislative Council on 6 JULY 2011]