Land Tax Management Act 1956 No 26
Current version for 23 October 2014 to date (accessed 29 November 2014 at 18:23)
Part 8

Part 8 Miscellaneous

63, 63A   (Repealed)

63B   Application of Act to persons or bodies having Crown immunity

(1)  The Governor may, by order published in the Gazette, apply the whole or any specified provisions of this Act to any specified person or body (whether statutory or otherwise) that has Crown immunity.
(2)  While any such order is in force, the specified person or body is subject to the requirements of this Act accordingly.
Editorial note. For orders under this section see Gazettes No 49 of 19.4.1996, p 1830, No 31 of 27.3.1997, p 1717 and No 76 of 2.7.1999, p 4643.

64   Agents and trustees

With respect to every agent, and with respect also to every trustee, the following provisions shall apply:
(a)  He or she shall be answerable as taxpayer for the doing of all such things as are required to be done by virtue of this Act in respect of the land controlled or held by him or her in his or her representative capacity and the payment of land tax thereon.
(b)  He or she shall in respect of such land make the returns and be assessed thereon, but in his or her representative capacity only, and each return and assessment shall, except as otherwise provided by this Act, be separate and distinct from any other.
(c)  If he or she is an executor or administrator, the returns shall be the same as far as practicable as the deceased person, if living, would have been liable to make.
(d)  Where as agent or trustee he or she pays land tax, he or she is hereby authorised to recover the amount so paid from the person on whose behalf he or she paid it, or to deduct it from any money in his or her hands belonging to that person.
(e)  He or she is hereby authorised and required to retain from time to time out of any money which comes to him or her in his or her representative capacity so much as is sufficient to pay the land tax which is or will become due in respect of the land.
(f)  He or she is hereby made personally liable for the land tax payable in respect of the land if, while the land tax remains unpaid, he or she alienates, charges, or disposes of any real or personal property which is controlled or held by him or her in his or her representative capacity but he or she shall not be otherwise personally liable for the land tax.
(g)  If he or she is a trustee he or she may raise whatever moneys are necessary in order to pay the land tax by mortgage or charge with or without power of sale of any real or personal property held by him or her as such trustee, and may apply the money so raised or any other moneys in his or her possession as such trustee in paying the land tax.
(h)  He or she is hereby indemnified for all payments which he or she makes in pursuance of this Act, or by requirement of the Chief Commissioner.
(i)  For the purpose of ensuring the payment of land tax, the Chief Commissioner shall have the same remedies against all land or other property of any kind vested in or under the control or management or in the possession of any agent or trustee, as he or she would have against the land or other property of any other taxpayer in respect of land tax, and in as full and ample a manner.

65   (Repealed)

65A   (Repealed)

66, 67   (Repealed)

68   Valuer-General to furnish copies of Register of Land Values to Chief Commissioner

On request made by the Chief Commissioner, the Valuer-General must furnish to the Chief Commissioner such copies of the Register of Land Values, and of any valuation list or supplementary list prepared by the Valuer-General, as the Chief Commissioner may require.

68A   Keeping of records by owners of land

(1)  The regulations may make provision requiring owners of land or specified classes of owners of land to keep specified records concerning land owned by them.
(2)  The regulations may specify the form in which any such record is to be kept and the particulars it is to contain.
(3)  A person to whom such a requirement applies:
(a)  must comply with the requirement, and
(b)  must, unless the regulations otherwise provide, retain a record made for the purposes of such a requirement for at least 5 years after the end of the tax year to which the ownership of the land concerned related.

Maximum penalty: 10 penalty units.

69–71   (Repealed)

72   Failure to furnish returns or information

(1)  A taxpayer who fails or neglects duly to furnish any return or information as and when required by this Act or the Chief Commissioner, or who fails to include in any return any land owned by the taxpayer, is taken to have committed a tax default for the purposes of Part 5 of the Taxation Administration Act 1996.
(2)  In relation to the tax default:
(a)  interest is payable in accordance with Part 5 of the Taxation Administration Act 1996 but accrues on the amount of land tax assessable to the taxpayer for the period commencing on the last day allowed for furnishing the return or information, or the correct particulars of land ownership, and ending on:
(i)  the day on which the return or information is furnished or the correct particulars are furnished, or
(ii)  the day on which the assessment calculated on the basis of the return or information that is required, or the correct particulars that are required, is made, or
(iii)  the day on which the whole of the land tax assessable to the person is paid,
whichever occurs first, and
(b)  penalty tax is payable in accordance with Part 5 of the Taxation Administration Act 1996 on the amount of tax unpaid.

73–75   (Repealed)

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