Western Australia: Land Tax Assessment Act 2002 (WA)

Western Australia Land Tax Assessment Act 2002 Western Australia Land Tax Assessment Act 2002 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Relationship with other Acts 1 4. Terms used 1 Part 2 — Land tax liability and assessment Division 1 — Liability to land tax 5.1M, 1MC Taxable land 1 6. Time for payment of land tax 1 7. Liability to pay land tax 1 8. Certain persons and bodies taken to be owners of land 1 9. Liability of agents or trustees 1 9A. Owners to notify Commissioner of errors or omissions in assessment notices 1 Division 2 — Assessment of land tax 10. Assessing land tax 1 11. Two or more lots owned by one person, tax payable on 1 12. Land owned jointly, tax payable on 1 13. Calculating taxable value of part of a lot 1 14. Newly subdivided private residential property, tax payable on 1 15. Newly subdivided primary production business land, tax payable on 1 15A. Tax payable on newly subdivided dwelling or residential parks 1 15B. Tax payable on land containing former exempt build‑to‑rent developments 1 16. Non‑strata home units, assessing tax on 1 Part 3 — Exemptions, concessions and rebates Division 1 — General provisions 17. Exempt land 1 18. Whole and partial exemptions 1 18A. Taxable value of land subject to partial exemption 1 19. Applying for exemption or concession 1 20. Commissioner's power to grant exemption or concession for land 1 20A. Owner of land subject to exemption or concession may be required to notify Commissioner of event or circumstance 1 Division 2 — Private residential property Subdivision 1 — Exemptions and rebates for private residential property 21. Residences owned by individuals, exemptions for 1 22. Residence owned by executor etc., exemption for if beneficiary in will exercising right to reside 1 23A. Exemption for residence owned by executor or administrator if beneficiary in will has right to future ownership and is resident 1 23. Continued exemption after death of resident 1 24. Construction of private residence, one year exemption for 1 24A. Construction of private residence, 2 year exemption for 1 25. Refurbishment of private residence, one year exemption for 1 25A. Refurbishment of private residence, 2 year exemption for 1 26. Exemption for residence of disabled person held in trust 1 26A. Exemption for residence of disabled person owned by relative 1 26B. Exemption for property owned by individual in care 1 27. Moving between 2 private residences, application of exemption 1 27A. Construction or refurbishment of second private residence, 2 year exemption for 1 28. Inner city residential property, rebate for 1 Subdivision 2 — Application of private residential exemptions to subdivided land 28A. Terms used 1 28B. Application of certain private residential exemptions to property subdivided during exemption period 1 28C. Application of requirements relating to sale or disposal of subdivided property 1 28D. Application of multi‑year private residential exemptions to property subdivided during exemption period 1 28E. Ownership of land during period when land subdivided but certificates of title not issued 1 Subdivision 3 — Special provisions for construction or refurbishment of private residence: commencement in period from 1 July 2020 to 30 June 2023 28F. Construction or refurbishment of private residence: 3 year exemption 1 28G. Construction or refurbishment of 2nd private residence: 2 year exemption 1 28H. Extension of exemption under s. 28F 1 28I. Extension of exemption under s. 28G 1 28J. No double exemption 1 28K. Reassessment 1 Division 3 — Land used for primary production business Subdivision 1 — Terms used 29. Terms used 1 30A. What is primary production 1 30B. When land is used for primary production business 1 Subdivision 2 — Primary production business exemption 30C. Exemption for rural land 1 30D. Exemption for non‑rural land 1 30E. Exemption under section 30D after death of family owner or person related to family owner 1 Subdivision 3 — Family owners of land and persons related to family owners of land 30G. References to individuals, family members and nominated individuals 1 30H. Family owner of land 1 30I. Persons related to family owner who is an individual 1 30J. Persons related to family corporation 1 30K. Persons related to trustee of family trust 1 30. Persons related to trustee of a family unit trust scheme 1 Division 4 — Crown land and other land used for public purposes 31. Land owned by Crown, public authority etc., exemption for 1 32. Land owned by religious bodies, exemption for 1 33. Land owned by educational institutions, exemption for 1 34. Land used for public or religious hospitals, exemption for 1 35. Exemption for mining tenements 1 36. Land used for various public purposes, exemption for 1 37. Land owned by public charitable or benevolent institutions, exemption for 1 38AA. What is a relevant body 1 38AB. Application for a beneficial body determination 1 38AC. Beneficial body determination 1 38. Land owned by non‑profit associations, exemption or concession for 1 38A. Land used as aged care facility, exemption for 1 39. Land used for retirement villages: exemption for 1 Division 4A — Land used for dwelling or residential parks 39A. Terms used 1 39B. Exemption for land in dwelling or residential parks 1 39C. Calculating percentage for exemption for dwelling or residential parks 1 39D. Provisions about calculations under s. 39C 1 Division 4B — Land used for build‑to‑rent developments 39E. Terms used 1 39F. Requirements for exemption relating to build‑to‑rent development 1 39G. Exceptions to leasing restrictions for exempt development 1 39H. Managing entities for exempt development 1 39I. Exemption for build‑to‑rent developments 1 39J. Limits on eligibility for build‑to‑rent exemption 1 39K. Exemption percentage where buildings partially used for build‑to‑rent dwellings 1 39L. Taxable value of land subject to partial build‑to‑rent exemptions 1 39M. Application for build‑to‑rent exemption 1 Division 5 — Other exemptions and concessions 40. Land owned by veteran's surviving partner or mother, exemption for 1 41. Land under conservation covenant, exemption for 1 42A. Land under biodiversity conservation covenant, exemption for 1 42. One year exemption for land vacated for sale by mortgagee 1 43A. Newly subdivided land, concession for 1 43B. Freehold reversion in parcel subdivided by leasehold scheme, exemption for 1 Part 4 — Miscellaneous 43. Occupier etc. of land to give information 1 45. Contracts ineffective to alter incidence of land tax 1 45A. Minor interests of joint owners, Commissioner may disregard 1 45B. Effect of determination under s. 45A 1 46. Regulations 1 47. Transitional provisions 1 Schedule 1 — Transitional and validation provisions Division 1 — Provision for Revenue Laws Amendment Act 2006 1. Application of s. 24A, 25A and 27A 1 Division 2 — Provision for Revenue Laws Amendment (Taxation) Act 2009 2. Regulations for cl. 6 1 Division 3 — Provisions for the Taxation Legislation Amendment Act (No. 2) 2015 3. Terms used 1 4. Previously exempt land: section 37 1 5. Beneficial body determination: application may be made 1 Division 4 — Provisions for Taxation Legislation Amendment Act 2015 Subdivision 1 — Preliminary 6. Term used: amending Act 1 Subdivision 2 — Provisions about primary production 7. Application of section 15 during transitional period 1 8. Application of section 20 to previous assessment years 1 9. Application of section 30D to land held in trust for assessment year 2014/15 1 Subdivision 3 — Provisions about exemptions and rural business land 10. Terms used 1 11. Validation of previous assessments 1 12. Land tax decisions made or pending 1 13. Application of modified rural business land provisions during the 2012 to 2014 assessment period 1 14. Validation of rural business land assessments 1 15. Reassessment 1 Division 5 — Provisions for Land Tax Assessment Amendment Act 2018 16. Terms used 1 17. Validation of previous assessments 1 18. Land tax decisions made or pending 1 19. Reassessment 1 Division 6 — Provisions for Revenue Laws Amendment Act 2019 20. Application of section 30D to land held in trust for assessment year 2019/20 1 21. Application of amendments relating to subdivision of land 1 Division 7 — Provisions for Land Tax Assessment Amendment Act 2022 22. Application of amendments made by Land Tax Assessment Amendment Act 2022 Part 2 1 23. Reduced exemption percentage for land used for dwelling or residential park does not apply for certain financial years 1 24. Continued application of notification requirements 1 25. Reassessment 1 Division 8 — Provision for Land Tax Assessment Amendment (Build‑to‑Rent) Act 2024 26. Application of amendments 1 Glossary 1. 1M, 1MC Terms used 1 2. Lots and parcels of land 1 3. Subdivided land 1 6. Taxable value 1 Notes Compilation table 1 Other notes 1 Defined terms Western Australia Land Tax Assessment Act 2002 An Act relating to the assessment and collection of tax upon land. Part 1 — Preliminary 1. Short title This Act may be cited as the Land Tax Assessment Act 2002. 2. Commencement This Act comes into operation on the day on which the Taxation Administration Act 2003 comes into operation. 3. Relationship with other Acts The Taxation Administration Act 2003 and the Land Tax Act 2002 are to be read with this Act as if they formed a single Act. 4. Terms used The Glossaries at the end of this Act and the Taxation Administration Act 2003 respectively define or affect the meaning of some of the words and expressions used in this Act, and also affect the operation of other provisions. [4A. 1M Modification, to insert section 4A, to have effect under the Commonwealth Places (Mirror Taxes Administration) Act 1999 s. 7, see Commonwealth Places (Mirror Taxes Administration) Regulations 2007 r. 16 and endnote 1M.] [4A .1MC Modification, to insert section 4A, to have effect under the Commonwealth Places (Mirror Taxes) Act 1998 (Commonwealth) s. 8, see Commonwealth Places (Mirror Taxes) (Modification of Applied Laws (WA)) Notice 2007 cl. 17 and endnote 1MC.] Part 2 — Land tax liability and assessment Division 1 — Liability to land tax 5.1M, 1MC Taxable land Land tax is payable, in accordance with the land tax Acts, for each financial year for all land in the State except land that is exempt under section 17. [Modification, to section 5, to have effect under the Commonwealth Places (Mirror Taxes Administration) Act 1999 s. 7, see Commonwealth Places (Mirror Taxes Administration) Regulations 2007 r. 17 and endnote 1M.] [Modification, to section 5, to have effect under the Commonwealth Places (Mirror Taxes) Act 1998 (Commonwealth) s. 8, see Commonwealth Places (Mirror Taxes) (Modification of Applied Laws (WA)) Notice 2007 cl. 18 and endnote 1MC.] 6. Time for payment of land tax (1) Land tax payable on an original assessment is due for payment on the 49th day after the date of the assessment notice. (2) Land tax payable on a reassessment is due for payment on the date specified in the assessment notice in accordance with the Taxation Administration Act 2003. 7. Liability to pay land tax (1) Land tax payable on land for an assessment year is payable by the person who is or was the owner of the land at midnight on 30 June in the previous financial year. (2) However, if a person or a taxable authority is taken under section 8 to be the owner of the land at that time, the land tax is payable by the person or the taxable authority respectively. [(3) deleted] (4) Joint owners of land are jointly and severally liable for land tax payable on the land regardless of each of the joint owner's respective interests in, or use of, the land. (5) A person or taxable authority who is liable to pay land tax is also liable to pay any additional taxes, interest, penalties or charges payable under a land tax Act in relation to the land tax. [Section 7 amended: No. 5 of 2018 s. 4.] 8. Certain persons and bodies taken to be owners of land (1) A person is taken to be the owner of land for the purposes of section 7 if the person — (a) is entitled to the land under any lease or licence from the Crown with or without the right of acquiring the fee simple; or (b) is entitled to use the land for business, commercial, professional or trade purposes under an agreement or arrangement with the Crown, with an agency or instrumentality of the Crown or with a local government or public statutory authority. (1A) Subsection (1)(b) does not apply if the agreement or arrangement under which the person is entitled to use the land is with a taxable authority. (2) If a taxable authority has land vested in it by or under an enactment otherwise than as owner, the taxable authority is taken to be the owner of the land for the purposes of section 7. (3) If an agreement has been made for the sale of land, whether or not the agreement is completed by transfer or conveyance, and whether or not it was made before or after this Act commenced, then for the purpose of ascertaining who is liable to pay land tax on the land — (a) the vendor is taken to be the owner of the land until the purchaser obtains possession of the land; and (b) the purchaser is taken to become the owner of the land when the purchaser obtains possession. (4) Subsection (5) applies if land that is the subject of a mining tenement is also the subject of a diversification lease. (5) Despite subsection (1), a person is not taken to be the owner of the land for the purposes of section 7 if the person — (a) is the holder of the mining tenement or, if there are 2 or more holders of the mining tenement, one of the holders of the mining tenement; but (b) is not the diversification lessee or, if there are 2 or more diversification lessees, one of the diversification lessees. [Section 8 amended: No. 5 of 2018 s. 5; No. 4 of 2023 s. 127.] 9. Liability of agents or trustees (1) An agent of an owner of taxable land, or a trustee in whom the legal estate of taxable land is vested (whether solely or jointly with other trustees), is liable for the taxes payable on the land as if the agent or trustee were the beneficial owner of the land. (2) However, the agent or trustee is not personally liable for the taxes to any greater extent than to the amount of any funds or securities for money of the principal or beneficiary, that the agent or trustee holds, or of which the agent or trustee has the controlling power, after receiving an assessment notice for the taxes. (3) If an agent or trustee is required to pay, and has paid, an amount of taxes on behalf of the principal or the beneficiary, the agent or trustee is entitled — (a) to recover an equal amount from the principal or beneficiary; or (b) to retain an equal amount from any money that the agent or trustee receives in that capacity for the principal or beneficiary. (4) The agent or trustee is answerable for the doing of anything under a land tax Act that would be required to be done by the owner. (5) The agent or trustee is subject to the same penalties or liability for any neglect, refusal, or default in respect of a land tax Act as the principal or beneficiary would be. (6) In this section — taxes means land tax, or any penalties, interest or other amount payable in connection with land tax under a land tax Act. 9A. Owners to notify Commissioner of errors or omissions in assessment notices (1) A person identified as being liable to pay land tax by a land tax assessment notice must notify the Commissioner of any material error or omission in the notice, that is relevant to the assessment, in relation to — (a) any land owned by the person, whether or not the land is specified in the assessment notice; or (b) the ownership of any land specified in the assessment notice; or (c) any concessions or exemptions allowed, claimed or claimable in respect of land; or (d) any prescribed matters. (2) Notice of the error or omission must be given to the Commissioner — (a) on or before the date specified in the assessment notice as the due date for payment of the land tax; or (b) if no such date is specified — within 21 days after the date of the assessment notice. (3) In a prosecution of a person for an offence against subsection (1) it is a defence if the person proves that the person — (a) did not know; and (b) could not reasonably be expected to have known, that the notice to which the prosecution relates contained any material error or omission. Penalty: $5 000. [Section 9A inserted: No. 12 of 2005 s. 4.] Division 2 — Assessment of land tax 10. Assessing land tax Unless this Act provides otherwise, the amount of land tax payable for taxable land for an assessment year is the amount calculated by applying the rate fixed in relation to the land under the Land Tax Act 2002 to the amount equal to the taxable value of the land for the assessment year. [Section 10 inserted: No. 19 of 2009 s. 4.] 11. Two or more lots owned by one person, tax payable on (1) If a person owns 2 or more lots or parcels of taxable land, land tax is payable on the aggregated taxable value of all the taxable land owned by the person. (2) However, if a trustee owns 2 or more lots or parcels of taxable land held, in severalty, in trust for different persons, then the land tax payable for each lot or parcel is assessed separately unless another provision of this Act specifically requires the land tax to be assessed on the lots or parcels jointly. (3) If a trustee owns taxable land held in trust for another person and is also the beneficial owner of other land, the land tax payable on the land held in trust is assessed separately from the land tax payable on the land held beneficially, unless for any reason the land tax payable on the trust land and the beneficially held land is liable to be jointly assessed independently of this subsection. [Section 11 amended: No. 19 of 2009 s. 13.] 12. Land owned jointly, tax payable on (1) The land tax payable on land owned jointly by 2 or more persons is assessed as if the land were owned by one person. (2) When determining the extent (if any) to which the land is exempt or subject to a concession, the following matters are to be taken into account — (a) each joint owner's use of the land by virtue of which the land is exempt or subject to a concession (whether or not the use is common to any of the other joint owners); (b) each joint owner's interest in the land by virtue of which the land is exempt or subject to a concession (whether or not the interest is common to any of the other joint owners). (3) The assessment for the land is to be kept separate and distinct from an assessment for any land that is owned — (a) by any one of the joint owners individually; or (b) by any of them as a joint owner with any other person. (4) The owners of non‑strata home units whose liability is assessed under section 16 are taken not to be joint owners for the purposes of this section. 13. Calculating taxable value of part of a lot (1) Where, under section 8(1)(b), a person is taken to be the owner of a portion of a lot, then a reference in a land tax Act, other than in clause 6, to the taxable value of the land is a reference to the amount, as determined by the Valuer‑General, that bears the same proportion to the taxable value of the lot as the portion of the lot bears to the total potential lettable area of the lot as defined in subsection (2). (2) The total potential lettable area of a lot is the total area of the lot that is capable of being let, as determined by the Valuer‑General on the assumption that none of the land is used for an exempt purpose and having regard to the lease conditions of the portion of the lot for which a value is required. [Section 13 amended: No. 40 of 2003 s. 4; No. 19 of 2009 s. 5.] 14. Newly subdivided private residential property, tax payable on (1) Land tax is payable in accordance with this section when private residential property is subdivided if — (a) the property was exempt or partially exempt from land tax under Part 3 Division 2 for any of the 5 financial years reckoned retrospectively from and including the financial year in which the land was subdivided; and (b) the area of the property is greater than 2.0234 hectares; and (c) the subdivision was not carried out only for the purpose of defining an area of land to be taken or resumed under an enactment relating to the compulsory acquisition of land. (2) Land tax is payable by the subdividing owner of the property on the value of the taxable portion of the property (calculated under subsections (5) and (6)) for each of the 5 financial years reckoned retrospectively from and including the financial year in which the land is subdivided. (3) The amount of land tax payable for each of those 5 financial years is assessed, at the rate applicable for that year under the Land Tax Act 2002, as if the taxable portion of the property were the only land of the subdividing owner on which land tax was payable for that year. (4) However, if land tax has already been levied on any part of the taxable portion of the property under another provision of this Act for any of those 5 financial years, then — (a) if a partial exemption did not apply to that part of the taxable portion for the year under Part 3 Division 2 no land tax is payable under subsection (2) on that part for that year; or (b) if a partial exemption applied to that part of the taxable portion, or an interest in it, for that year under Part 3 Division 2 land tax is payable for that year under subsection (2) on the part of the property to which the partial exemption applied. (5) The taxable portion of the property is the portion that remains after subtracting from the whole area of the property the greater of the following areas — (a) the area of the lot or parcel or portion of land on which the private residence was situated at the time of the subdivision; (b) 2.0234 hectares. (6) For the purposes of subsection (2), the value of the taxable portion of the property for a financial year is — (a) if the financial year is 2008/09 or earlier — the amount that bears to the unimproved value of the whole of the property at midnight on 30 June immediately before the financial year the same proportion as the area of the taxable portion bears to the whole area of the property; or (b) in any other financial year — the amount that bears to the taxable value of the whole of the property for the financial year the same proportion as the area of the taxable portion bears to the whole area of the property. (7) Nothing in this section affects the liability of any person to pay land tax on the taxable portion of the property for any financial year after that in which the land is subdivided. (8) Despite section 17(4) of the Taxation Administration Act 2003, the Commissioner must make any reassessment necessary to give effect to this section. [Section 14 amended: No. 19 of 2009 s. 6; No. 15 of 2015 s. 7.] 15. Newly subdivided primary production business land, tax payable on (1) Land tax is payable in accordance with this section when land is subdivided if — (a) the land was exempt from land tax under Part 3 Division 3 for any of the 5 financial years reckoned retrospectively from and including the financial year in which the land was subdivided; and (b) the subdivision was not carried out only for the purpose of defining an area of land to be taken or resumed under an enactment relating to the compulsory acquisition of land. (2) The land tax is payable by the subdividing owner of the land on the value of the taxable portion of the land for each of the 5 financial years reckoned retrospectively from and including the financial year in which the land is subdivided. (3) The taxable portion of the land is the area that remains after subtracting from the whole area of the land — (a) the area of any part of the land that is exempt, immediately after the subdivision is completed, under Part 3 Division 2 as a result of the subdividing owner's ownership or use of the land; and (b) the area of any part of the land that, immediately after the subdivision is completed, consists of a lot of 2.0234 hectares or more that is zoned for rural purposes under a local planning scheme, an improvement scheme or the Swan Valley Planning Scheme. (4) The amount of land tax payable for each of those 5 financial years is assessed, at the rate applicable for that year under the Land Tax Act 2002, as if the taxable portion of the land were the only land of the subdividing owner on which land tax was payable for that year. (5) If an amount of land tax has already been charged on any part of the taxable portion of the land under another provision of this Act for any of those 5 financial years, the amount of land tax payable for that year under this section is reduced by the amount already charged. (6) For the purposes of subsection (2), the value of the taxable portion of the land for a financial year is — (a) if the financial year is 2008/09 or earlier — the amount that bears to the unimproved value of the whole of the land at midnight on 30 June immediately before the financial year the same proportion as the area of the taxable portion bears to the whole area of the land; or (b) in any other financial year — the amount that bears to the taxable value of the whole of the land for the financial year the same proportion as the area of the taxable portion bears to the whole area of the land. (7) Nothing in this section affects the liability of any person for land tax on the taxable portion of the land for any financial year after that in which the land is subdivided. (8) Despite section 17(4) of the Taxation Administration Act 2003, the Commissioner must make any reassessment necessary to give effect to this section. [Section 15 amended: No. 38 of 2005 s. 15; No. 19 of 2009 s. 7; No. 28 of 2010 s. 33(2); No. 1 of 2015 s. 4; No. 45 of 2020 s. 110.] 15A. Tax payable on newly subdivided dwelling or residential parks (1) Land tax is payable in accordance with this section when land is subdivided if — (a) the land was subject to an exemption under section 39B to any extent for any of the 10 financial years reckoned retrospectively from and including the financial year in which the land was subdivided; and (b) the subdivision was not carried out only for the purpose of defining an area of land to be taken or resumed under an enactment relating to the compulsory acquisition of land. (2) The land tax is payable on the land by the subdividing owner of the land for each of the 10 financial years (the relevant financial years) reckoned retrospectively from and including the financial year in which the land is subdivided. (3) If immediately after the subdivision any of the land is in a dwelling or residential park, and there are caravan or camp sites or owner‑occupied home sites (as those terms are defined in section 39A) in the park, then — (a) a percentage (P%) must be calculated in relation to the park under subsection (3A); and (b) in determining the taxable value of the land for each of the relevant financial years, the unimproved value of the land in relation to that year must be reduced by an amount equal to P% of the unimproved value of the land. (3A) For the purposes of subsection (3)(a), the percentage must be calculated as follows — (a) first, calculate a percentage (X%) in relation to the park using the method set out in section 39C(2) to (8), by reference to the park immediately after the subdivision; (b) second, calculate the percentage (Y%) of the land that is in a dwelling or residential park (as defined in section 39A) immediately after the subdivision; (c) third, multiply X% by Y%. (4) The amount of land tax payable for each of the relevant financial years is assessed, at the rate applicable for that year under the Land Tax Act 2002, as if the land were the only land of the subdividing owner on which land tax was payable for that year. (5) The amount of land tax payable under this section on the land for any of the relevant financial years is reduced by the amount already charged on any part of the land for that year. [(6) deleted] (7) Nothing in this section affects the liability of any person for land tax on the land for any financial year after that in which the land is subdivided. (8) Despite section 17(4) of the Taxation Administration Act 2003, the Commissioner must make any reassessment necessary to give effect to this section. (9) A reference in subsection (1) to an exemption under section 39B is, in relation to a financial year beginning before 1 July 2020, a reference to an exemption or concession under section 39B as that section was in force before 1 July 2020. [Section 15A inserted: No. 10 of 2005 s. 6; amended: No. 19 of 2009 s. 8; No. 27 of 2010 s. 4; No. 42 of 2022 s. 4.] 15B. Tax payable on land containing former exempt build‑to‑rent developments (1) Land tax is payable on land in accordance with this section if — (a) the land has been subject to an exemption under Part 3 Division 4B in relation to a development for 1 or more assessment years; and (b) the land ceases to be eligible for an exemption under that Division in relation to the development, or becomes excluded land as defined in section 39E, for an assessment year that is within 15 financial years (the relevant financial years) reckoned prospectively from and including the financial year in which the land first became exempt under that Division in relation to the development. (2) The land tax is payable on the land by the owner of the land for each of the relevant financial years in which the land was subject to an exemption under Part 3 Division 4B. (3) The amount of land tax payable for each of the relevant financial years is assessed, at the rate applicable for that year under the Land Tax Act 2002, as if the land were the only land of the owner on which land tax was payable for that year. (4) For the purposes of subsection (1), land that is the subject of a determination by the Commissioner under section 39J(3) is taken to be eligible for an exemption under Part 3 Division 4B for the assessment year to which the determination applies. (5) The amount of land tax payable under this section on the land for any of the relevant financial years is reduced by the amount already charged on any part of the land for that year. (6) Despite the Taxation Administration Act 2003 section 17(4), the Commissioner must make any reassessment necessary to give effect to this section. [Section 15B inserted: No. 22 of 2024 s. 4.] 16. Non‑strata home units, assessing tax on (1) The Commissioner may assess the amount of land tax payable on land on which a building containing non‑strata home units is situated in accordance with this section if, apart from the building, no other improvements have been effected on the land except — (a) improvements in the nature of draining, filling, excavation, grading or levelling of the land, retaining walls or other structures or works for that purpose, the removal of rocks, stone or soil, and the clearing of timber, scrub or other vegetation; or (b) outbuildings, fences, garages or other improvements that are, in each case, designed for the use or enjoyment of the home unit owners. (2) The Commissioner may make an assessment under this section — (a) on the Commissioner's own initiative; or (b) on the application of the owners for the time being of the home units. (3) If land tax has been assessed on the land for the assessment year in which the application is made or during which the Commissioner decides to assess the land tax in accordance with this section, the Commissioner may reassess the land tax payable for that year in accordance with this section. (4) However, a reassessment under subsection (3) is only to be made in relation to the assessment year referred to in that subsection. (5) An application — (a) must be made in the approved form by all the home unit owners jointly; and (b) if the land is owned by a body corporate, must be accompanied by a statement in the approved form setting out the proportion of the value of the land to be ascribed to each home unit owner for the purpose of calculating the amount of land tax payable by the owner. (6) A home unit owner who is a registered proprietor of an undivided share in the land is liable to pay land tax on the proportion of the taxable value of the land that bears to the taxable value of the land the same proportion as the owner's share in the land bears to the land. (7) A home unit owner who is a shareholder in the body corporate that owns the land is liable to pay land tax on the proportion of the taxable value of the land that bears to the taxable value of the land the same proportion as the proportion of the value of the land ascribed to the owner in the statement under subsection (5)(b) bears to the total interests of all the shareholders in the land. (8) If the owner of a home unit is liable to pay land tax assessed on a proportion of the taxable value of the land under subsection (6) or (7), and is also the owner of any other land, then the part of the value of the land on which the home unit is erected is taken to be land for the purposes of a land tax Act and is taken to have the value assessed under the respective subsection. (9) If the Commissioner decides to assess or reassess the amount of land tax payable on the land under this section for an assessment year, land tax on the land is to be assessed under this section for each subsequent assessment year unless the Commissioner revokes the decision under subsection (10). (10) The Commissioner may revoke the decision — (a) on the Commissioner's own initiative; or (b) on receiving a joint application for revocation from all the home unit owners for the time being. [Section 16 amended: No. 19 of 2009 s. 13; No. 42 of 2022 s. 19.] Part 3 — Exemptions, concessions and rebates Division 1 — General provisions 17. Exempt land (1) Land is exempt from land tax for an assessment year if — (a) the Commissioner grants an exemption for the assessment year under section 20; or (b) it is exempt for the assessment year under another provision of this Part. (2) Unless this Part provides otherwise, an exemption under a provision of this Part referred to in subsection (1)(b) applies, in accordance with section 18, to the whole or part of a lot or parcel of land. [Section 17 amended: No. 1 of 2015 s. 13.] 18. Whole and partial exemptions (1) In this section — exemption provision means a provision of this Part referred to in section 17(1)(b); relevant requirements, in relation to an exemption provision, means one or more of the following by virtue of which land is exempt under the provision — (a) it is used, reserved or occupied for a purpose or purposes specified in the provision; (b) it is used, owned or occupied by, vested in or held in trust for, a person or persons of a class or classes specified in the provision; (c) it is of a class or description specified in the provision. (2) If an exemption under an exemption provision applies to a lot or parcel of land then — (a) the whole of the lot or parcel is exempt if all of the relevant requirements of the provision apply in respect of the whole of the lot or parcel; and (b) otherwise, only a part of the lot or parcel is exempt. (3) An exemption that applies only to a part of a lot or parcel of land as referred to in subsection (2)(b) applies to the lot or parcel to the same extent that the relevant requirements of the exemption provision apply in respect of the lot or parcel. [Section 18 inserted: No. 1 of 2015 s. 14.] 18A. Taxable value of land subject to partial exemption (1) In this section — exemption provision means a provision of this part referred to in section 17(1)(b); relevant requirements, in relation to an exemption provision, has the meaning given in section 18(1). (2) This section applies if, under section 18, an exemption for an assessment year applies to a lot or parcel of land only to a particular extent because — (a) the relevant requirements of the exemption provision do not apply to any extent in respect of a part of the area of the lot or parcel; and (b) the relevant requirements of the exemption provision apply, or apply to some extent, in respect of the remainder of the area of the lot or parcel (the exempt area). (3) For the purposes of determining the taxable value of the lot or parcel for the assessment year, the unimproved value of the lot or parcel for the assessment year is the unimproved value of the whole of the lot or parcel reduced by the unimproved value of the exempt area, but only to the extent to which the relevant requirements of the exemption provision apply in respect of the exempt area. (4) The unimproved value of the exempt area for the purposes of subsection (3) is the amount that bears the same proportion to the unimproved value, as determined by the Valuer‑General, of the whole of the lot or parcel as the exempt area bears to the whole area of the lot or parcel. (5) If there is a multi‑storey building on the lot or parcel, the Commissioner may determine — (a) an area that is to be treated as the exempt area for the purposes of this section; and (b) an area that is to be treated as the whole area of the lot or parcel for the purposes of subsection (4). (6) A determination under subsection (5) — (a) may be made on any basis that the Commissioner decides is appropriate, taking into account the areas of the lot or parcel and parts of the building to which the relevant requirements apply or apply to some extent; and (b) has effect according to its terms. [Section 18A inserted: No. 12 of 2019 s. 134; amended: No. 42 of 2022 s. 10.] 19. Applying for exemption or concession The Commissioner may require an owner of land — (a) to lodge an application in the approved form for an exemption or concession under this Part; and (b) to give the Commissioner any information within the owner's knowledge or control that is relevant to deciding whether or not the land is eligible for an exemption or concession. 20. Commissioner's power to grant exemption or concession for land (1) The Commissioner may, on application or on the Commissioner's own initiative, grant an exemption, concession or further concession for any of the following land for an assessment year — (a) any proportion of private residential property that is used by an individual for a purpose that is not an exempt purpose, where the private residential property is exempt to some extent for the assessment year under section 21, 22 or 23 because of its use by the individual as their primary residence as provided in the respective section; (b) land that is not exempt under section 23 for the assessment year because it was exempt under that section in the previous financial year, or because the estate derived rent or income in the assessment year; (c) land that is not exempt under section 26B for the assessment year because income was derived from the property in the period referred to in section 26B(5)(a)(i) or (ii) (whichever is applicable); [(d), (e) deleted] (f) land that is not exempt under section 42 for the assessment year because of the operation of section 42(3) or (4); (g) Crown land of which a person is taken to be the owner under section 8(1) and which is not otherwise subject to an exemption or concession; (h) land sold by a religious body that would otherwise be taxable under section 32(2); (i) land sold by an educational institution that would otherwise be taxable under section 33(2). (2) The Commissioner may grant an exemption, concession or further concession under subsection (1) for the whole or part of a lot or parcel of land if the Commissioner is satisfied that there are reasonable grounds for doing so. (2A) The Commissioner may revoke an exemption, concession or further concession granted under subsection (1) if the Commissioner is no longer satisfied that the grounds referred to in subsection (2) exist. (2B) The Commissioner must give a taxpayer written notice of a decision — (a) not to grant an exemption, concession or further concession under subsection (1) on application by the taxpayer; or (b) to revoke under subsection (2A) an exemption, concession or further concession granted to the taxpayer under subsection (1). (3) A taxpayer may appeal to the Minister against a decision of the Commissioner referred to in subsection (2B)(a) or (b). (4) An appeal under subsection (3) must be made within 60 days after the date on which notice of the Commissioner's decision was given, or within any further time allowed by the Minister for reasonable cause shown by the taxpayer. (5) The obligation to pay, or the right to receive and recover land tax, is not affected by any appeal to the Minister. (6) The Minister is to consider the appeal with all reasonable dispatch, and may either disallow it or, if the taxpayer satisfies the Minister that there are reasonable grounds for doing so, allow it wholly or in part. (7) The Minister is to give notice of the Minister's decision on the appeal to the taxpayer. (8) The Commissioner is to make any reassessment necessary to give effect to a decision of the Commissioner or the Minister under this section. [Section 20 amended: No. 1 of 2015 s. 5 and 15; No. 42 of 2022 s. 5 and 11.] 20A. Owner of land subject to exemption or concession may be required to notify Commissioner of event or circumstance (1) The Commissioner may serve a notice on an owner of land in a financial year (the relevant year) if — (a) an exemption, concession or further concession has been granted for the land for the relevant year under a paragraph of section 20(1); or (b) an assessment of land tax in relation to the land has been made on the basis that an exemption or concession applies to the land for the relevant year under a provision of Divisions 2 to 5. (2) A notice under subsection (1) must — (a) describe 1 or more relevant events or circumstances; and (b) require the person on whom the notice is served to notify the Commissioner of the occurrence of any of those relevant events or circumstances during — (i) the relevant year; or (ii) any of the 5 subsequent financial years; and (c) state the time within which the person is required to notify the Commissioner of the occurrence of a relevant event or circumstance. (3) For the purposes of this section, a relevant event or circumstance, in relation to a notice under subsection (1), is an event or circumstance that the Commissioner considers will or may affect — (a) for a notice under subsection (1)(a) — (i) whether the exemption, concession or further concession granted for the relevant year will be revoked under section 20(2A); or (ii) whether an exemption, concession or further concession will be granted for the land for a subsequent financial year under the same paragraph of section 20(1); or (b) for a notice under subsection (1)(b) — (i) whether the exemption or concession continues to apply to the land for the relevant year; or (ii) whether an exemption or concession will apply to the land for a subsequent financial year under the same provision of Divisions 2 to 5. (4) For the purposes of subsection (2)(c), a notice under subsection (1) must not require a person to notify the Commissioner of the occurrence of a relevant event or circumstance — (a) earlier than the 49th day after the day on which the relevant event or circumstance occurs; or (b) later than 30 September in the financial year after the financial year in which the relevant event or circumstance occurs. (5) A person served with a notice under subsection (1) must comply with the notice. Penalty for this subsection: a fine of $5 000. (6) Despite subsection (5), a person served with a notice under subsection (1) is not required to notify the Commissioner of the occurrence of a relevant event or circumstance in compliance with the notice if, at the time the relevant event or circumstance occurs — (a) the person has ceased to be an owner of the land; or (b) an assessment of land tax has been made in relation to the land for an assessment year (other than an assessment year before the relevant year) on the basis that — (i) for a notice under subsection (1)(a) — no exemption is granted for the assessment year under the same paragraph of section 20(1); or (ii) for a notice under subsection (1)(b) — no exemption or concession under the same provision of Divisions 2 to 5 applies to the land for the assessment year. [Section 20A inserted: No. 42 of 2022 s. 12.] Division 2 — Private residential property Subdivision 1 — Exemptions and rebates for private residential property [Heading inserted: No. 12 of 2019 s. 139.] 21. Residences owned by individuals, exemptions for (1) Private residential property (except property held in trust) is exempt for an assessment year if, at midnight on 30 June in the financial year before the assessment year, it is owned — (a) by an individual who uses it as the individual's primary residence; or (b) by spouses, at least one of whom uses it as that spouse's primary residence; or (c) by persons who have lived in a de facto relationship with each other for at least 2 years, whether or not they still live on that basis, at least one of whom uses it as that person's primary residence. (2) However, if the property is also owned by another person or persons, it is exempt if each owner who does not use it for that purpose is an owner only because of a requirement by a financial institution for a guarantee of money advanced on the security of the property. [Section 21 amended: No. 28 of 2003 s. 101; No. 42 of 2022 s. 19.] 22. Residence owned by executor etc., exemption for if beneficiary in will exercising right to reside Private residential property is exempt for an assessment year if, at midnight on 30 June in the previous financial year — (a) it is owned by an executor or administrator of a will as trustee; and (b) an individual identified in the will — (i) is entitled under the will to the property as a tenant for life; or (ii) has a right under the will to use the property as a place of residence — (I) for as long as the individual wishes; or (II) for a fixed or ascertainable period, whether or not the individual is or may become entitled under the will to ownership of all or part of the property at some future time; and (c) the individual uses the property as their primary residence. [Section 22 amended: No. 40 of 2003 s. 8; No. 30 of 2008 s. 12; No. 42 of 2022 s. 19.] 23A. Exemption for residence owned by executor or administrator if beneficiary in will has right to future ownership and is resident (1) Private residential property is exempt for an assessment year if at midnight on 30 June in the previous financial year — (a) the property is owned by the executor or administrator of an individual's estate; and (b) an individual identified in the will (the beneficiary) is entitled under the will to ownership of all or part of the property at a fixed or ascertainable future time; and (c) the beneficiary uses the property as their primary residence. (2) However, if the beneficiary's future entitlement is to ownership of part only of the property, then the exemption applies to the proportion of the property to which the beneficiary will become entitled. [(3) deleted] [Section 23A inserted: No. 30 of 2008 s. 13; amended: No. 42 of 2022 s. 13 and 19.] 23. Continued exemption after death of resident (1) Private residential property owned by the executor or administrator of an individual's estate is exempt, but only for the assessment year following the financial year in which the individual died, if — (a) the individual's ownership and use of the property as their primary residence — (i) gave rise to an exemption under section 21 or 26B for the financial year in which the individual died; or (ii) would have given rise to an exemption under section 21 or 26B for the financial year in which the individual died if, in applying section 21 or 26B to that financial year, the reference in section 21(1) or 26B(3)(a) to midnight on 30 June in the financial year before the assessment year were a reference to the time immediately before the individual's death; and (b) the executor or administrator is the owner of the property at midnight on 30 June in the financial year in which the individual died; and (c) the individual's estate does not derive any rent or other income from the property between the date of the individual's death and the end of the assessment year. (2) The exemption may be allowed in advance if — (a) the individual's estate has not derived any rent or other income from the property between the date of the individual's death and midnight on 30 June in the financial year in which the individual died; and (b) the executor or administrator advises the Commissioner that the estate is not expected to derive any rent or other income from the property in the assessment year. [(3) deleted] (4) If the Commissioner is notified in accordance with section 20A, or otherwise becomes aware, that the estate has derived rent or income from the property in the assessment year, the Commissioner is to make a reassessment accordingly. [Section 23 amended: No. 42 of 2022 s. 6, 14 and 19.] 24. Construction of private residence, one year exemption for (1) Private residential property (except property held in trust) that is owned by an individual is exempt for an assessment year if — (a) the construction of the private residence that forms part of the property is completed during the assessment year; and (b) at midnight on 30 June in the previous financial year the individual owned the land on which the private residence is constructed; and (c) the individual is the first occupant of the private residence; and (d) the individual uses the private residence as their primary residence during the assessment year. (2) However, the property is not exempt if — (a) the individual or any other person derived any income from the property in the period between the beginning of the assessment year and the time when the property was first occupied; or (b) any other private residential property owned by the individual is exempt for the assessment year under another provision of this Division as a result of its use by the individual as their primary residence. (3) The Commissioner is to make any reassessment necessary to give effect to this section. [Section 24 amended: No. 31 of 2006 s. 20; No. 42 of 2022 s. 19.] 24A. Construction of private residence, 2 year exemption for (1) Private residential property (except property held in trust) that is owned by an individual is exempt for 2 consecutive assessment years if — (a) the commencement date for the construction of the private residence that forms part of the property is — (i) in the first assessment year; or (ii) in any previous financial year and part of the construction is carried out in the first assessment year; and (b) the completion date for the construction is in the second assessment year; and (c) at midnight on 30 June immediately before the first assessment year, the individual owned the land on which the private residence is constructed; and (d) the individual is the first occupant of the private residence; and (e) the individual uses the private residence as their primary residence during the second assessment year. (2) However, the property is not exempt if — (a) the individual or any other person derived any income from the property in the period between the beginning of the first assessment year and the time when the property was first occupied; or (b) any other private residential property owned by the individual is exempt for either assessment year under another provision of this Division as a result of its use by the individual as their primary residence. (3) The individual may apply for the exemption in the approved form after the commencement date for the construction. (4) The Commissioner may require the individual to notify the Commissioner in the approved form of — (a) the completion date for the construction; and (b) when the individual occupies the private residence. (5) The Commissioner is to make any reassessment necessary to give effect to this section. [Section 24A inserted: No. 31 of 2006 s. 21; amended: No. 29 of 2012 s. 13; No. 42 of 2022 s. 19.] 25. Refurbishment of private residence, one year exemption for (1) Private residential property (except property held in trust) is exempt from land tax for an assessment year if — (a) the property is owned by an individual; and (b) at midnight on 30 June in the financial year before the assessment year the private residence that forms part of the property was unoccupied, but only because the individual had ceased occupation, or not taken up occupation, to enable the private residence to be refurbished; and (c) the individual takes up occupation of the private residence during the assessment year, and is the first occupant of the private residence since the refurbishment; and (d) no rent or other income was derived from the property by anyone in respect of the period between the beginning of the assessment year and the time when the property was reoccupied. (2) However, the property is not exempt if any other private residential property owned by the same individual is exempt for the assessment year under another provision of this Division as a result of its use by the same individual as their primary residence. (3) The Commissioner is to make any reassessment necessary to give effect to this section. [Section 25 amended: No. 42 of 2022 s. 19.] 25A. Refurbishment of private residence, 2 year exemption for (1) Private residential property (except property held in trust) that is owned by an individual is exempt for 2 consecutive assessment years if — (a) the commencement date for the refurbishment of the private residence that forms part of the property is — (i) in the first assessment year; or (ii) in any previous financial year and part of the refurbishment is carried out in the first assessment year; and (b) the completion date for the refurbishment is in the second assessment year; and (c) at midnight on 30 June immediately before the first assessment year, the private residence was unoccupied, but only because the individual had ceased occupation, or had not taken up occupation, to enable the private residence to be refurbished; and (d) the individual is the first occupant of the private residence since the refurbishment; and (e) the individual uses the private residence as their primary residence during the second assessment year. (2) However, the property is not exempt if — (a) the individual or any other person derived any income from the property in the period between the beginning of the first assessment year and the time when the property was reoccupied; or (b) any other private residential property owned by the individual is exempt for either assessment year under another provision of this Division as a result of its use by the individual as their primary residence. (3) The individual may apply for the exemption in the approved form after the commencement date for the refurbishment. (4) The Commissioner may require the individual to notify the Commissioner in the approved form of — (a) the completion date for the refurbishment; and (b) when the individual occupies the private residence. (5) The Commissioner is to make any reassessment necessary to give effect to this section. [Section 25A inserted: No. 31 of 2006 s. 22; amended: No. 29 of 2012 s. 14; No. 42 of 2022 s. 19.] 26. Exemption for residence of disabled person held in trust (1) Private residential property held in trust is exempt for an assessment year if, at midnight on 30 June in the financial year before the assessment year — (a) the land is owned by a trustee who holds the land in trust for one or more disabled beneficiaries; and (b) at least one disabled beneficiary of the trust uses the property as the beneficiary's primary residence. [(2) deleted] [Section 26 amended: No. 31 of 2006 s. 28; No. 42 of 2022 s. 15 and 19.] 26A. Exemption for residence of disabled person owned by relative (1) In this section — disabled person means a person who — (a) is qualified for a disability support pension under the Social Security Act 1991 (Commonwealth) Part 2.3 (whether or not the person receives that pension); or (b) is under 16 years of age and is cared for by a parent or guardian, within the meaning given in the Social Security Act 1991 (Commonwealth), who is qualified for a carer payment under Part 2.5 of that Act in respect of that care (whether or not the person receives that payment). (2) Private residential property is exempt for an assessment year if at midnight on 30 June in the financial year before the assessment year — (a) a disabled person uses the property as their primary residence; and (b) it is owned by one or more individuals, at least one of whom is related to the disabled person. (3) For the purposes of subsection (2)(b) — (a) the following persons are related to a disabled person — (i) a parent or grandparent of the disabled person; (ii) a brother or sister of the disabled person; (iii) a child of the disabled person; and (b) an illegitimate person is to be treated as the legitimate child of that person's parents; and (c) it is irrelevant whether a relationship is of the whole or half‑blood, or whether it is a natural relationship or a relationship established under a written law. [(4)-(7) deleted] [Section 26A inserted: No. 31 of 2006 s. 29; amended: No. 30 of 2008 s. 14; No. 12 of 2019 s. 135; No. 42 of 2022 s. 16 and 19.] 26B. Exemption for property owned by individual in care (1) In this section — aged care facility has the meaning given in section 38A(1); care commencement date, for an individual in full‑time care, means the day on which the period of full‑time care began (whether or not the kind of full‑time care has changed in that period). (2) In this section, an individual is in full‑time care during any period when — (a) the individual is being cared for by a person who is qualified for a carer payment under the Social Security Act 1991 (Commonwealth) Part 2.5 in respect of that care (whether or not the person receives that payment); or (b) the individual's primary residence is any of the following — (i) a public hospital as defined in the Health Services Act 2016 section 8(6); (ii) a private hospital as defined in the Private Hospitals and Health Services Act 1927 section 2(1); (iii) a mental health service as defined in the Mental Health Act 2014 section 4; (iv) a private psychiatric hostel as defined in the Private Hospitals and Health Services Act 1927 section 2(1); (v) an aged care facility; (vi) a facility that specialises in palliative care; (vii) a place in another State or a Territory that is equivalent to a place referred to in subparagraph (i), (ii), (iii), (iv), (v) or (vi); (viii) a place of a prescribed class. (3) Private residential property (except property held in trust) is exempt for an assessment year if — (a) at midnight on 30 June in the financial year before the assessment year — (i) the property is owned by an individual as described in subsection (4); and (ii) the individual is in full‑time care; and (b) immediately before the care commencement date — (i) the property was owned by the individual as described in subsection (4); and (ii) the individual used the property as their primary residence. (4) For the purposes of subsection (3)(a)(i) and (b)(i), the property must be owned at the relevant time by — (a) the individual; or (b) the individual and their spouse; or (c) the individual and a person with whom the individual has lived in a de facto relationship for at least 2 years, whether or not they still live on that basis at the relevant time; or (d) the person or persons referred to in paragraph (a), (b) or (c) and 1 or more other persons each of whom is an owner only because of a requirement by a financial institution for a guarantee of money advanced on the security of the property. (5) Despite subsection (3), the property is not exempt if — (a) the individual or any other person derived any income from the property in — (i) if the care commencement date was in the financial year before the assessment year — the period beginning on the care commencement date and ending immediately before the assessment year; or (ii) otherwise — the financial year before the assessment year; or (b) any other property owned by the individual is exempt for the assessment year under this Division as a result of its use by the individual as their primary residence. [Section 26B inserted: No. 42 of 2022 s. 7.] 27. Moving between 2 private residences, application of exemption (1) Private residential property (property A) is exempt for an assessment year if — (a) at midnight on 30 June in the previous financial year, the owner owned property A and another private residential property (property B); and (b) property B is exempt for the assessment year because of its use by an individual at midnight on 30 June in the previous financial year as the individual's primary residence; and (c) property A would have been exempt for the assessment year if, at midnight on 30 June in the previous financial year, the individual had used property A as the individual's primary residence instead of property B; and (d) the property the owner acquired second was acquired in the previous financial year; and (e) the individual used property A as the individual's primary residence — (i) in the previous financial year before using property B for that purpose; or (ii) in the assessment year after using property B for that purpose; and (f) during the assessment year, the owner — (i) sold or otherwise disposed of the property the owner acquired first; and (ii) delivered possession of that property to the new owner. (2) However, property A is not exempt if, while the owner owned both properties, the owner or any other person derived income from the property that was not being used as the individual's primary residence. (3) The owner must notify the Commissioner in the approved form of when the disposal and delivery of possession of the property acquired first occurs. (4) The Commissioner is to make any reassessment necessary to give effect to this section. [Section 27 inserted: No. 31 of 2006 s. 23; amended: No. 9 of 2024 s. 4.] 27A. Construction or refurbishment of second private residence, 2 year exemption for (1) Private residential property is exempt for 2 consecutive assessment years if — (a) at midnight on 30 June immediately before the first assessment year, the owner owned that property and another private residential property that the owner had acquired before that property; and (b) the property the owner acquired first is exempt for the first assessment year because of its use by an individual at midnight on 30 June in the previous financial year as the individual's primary residence; and (c) the property the owner acquired second would have been exempt for the first assessment year if, at midnight on 30 June in the previous financial year, the individual had used that property as the individual's primary residence instead of the property acquired first; and (d) the property acquired second was acquired in the previous financial year; and (e) the commencement date for the construction or refurbishment of the private residence that forms part of the property acquired second — (i) is in the first assessment year; or (ii) is in the previous financial year and part of the construction or refurbishment is carried out in the first assessment year; and (f) the completion date for the construction or refurbishment of the private residence that forms part of the property acquired second is in the second assessment year; and (g) in the case of the refurbishment of the private residence that forms part of the property acquired second — at midnight on 30 June immediately before the first assessment year, the private residence was unoccupied, but only because the individual had not taken up occupation to enable the private residence to be refurbished; and (h) the individual is the first occupant of the private residence that forms part of the property acquired second since its construction or refurbishment; and (i) the individual uses the private residence that forms part of the property acquired second as their primary residence during the second assessment year; and (j) by the end of the second assessment year, the owner — (i) has sold or otherwise disposed of the property acquired first; and (ii) has delivered possession of that property to the new owner. (2) However, the property acquired second is not exempt if, while the owner owned both properties, the owner or any other person derived income from the property that was not being used as the individual's primary resid