Victorian Numbered Acts

STATE TAXATION ACTS AMENDMENT ACT 2020 (NO. 47 OF 2020) - SECT 45

    (1)     After section 46I(2) of the Land Tax Act 2005 insert —

    "(2A)     For the purposes of subsection (2), land is not taken to be occupied as a place of residence unless there is a building affixed to the land (including a home unit) that, in the Commissioner's opinion—

        (a)     is designed and constructed primarily for residential purposes; and

        (b)     may lawfully be used as a place of residence.".

    (2)     For section 46I(4) of the Land Tax Act 2005 substitute —

    "(4)     Subsection (2) does not apply if—

        (a)     rent is paid by or on behalf of the nominated PPR beneficiary for use and occupation of the land in the year preceding the tax year; or

        (b)     the land contains a separate residence used to derive income from the land in the year preceding the tax year; or

        (c)     the land is used to carry on a substantial business activity in the year preceding the tax year.".