LTAA (2002): SECTION 27A

PART B

LAND TAX

RESIDENTIAL EXEMPTIONCONFIRMATION:

MOVING FROM ONE PRIVATE RESIDENCE TO A NEWLY CONSTRUCTED OR REFURBISHED RESIDENCE

IMPORTANT

Please complete in conjunction with notes overleaf

FIRST PROPERTY (ORIGINAL RESIDENCE)

Land Identity (shown on notice of assessment) /
Address of Original Residence

SECOND PROPERTY (NEW RESIDENCE)

Land Identity (shown on notice of assessment) /
Address of Newly Constructed or Refurbished Residence

OWNERS NAME(S):

  1. Completion date for the Newly Constructed or Refurbished Residence:

  1. Date of occupation of Newly Constructed or Refurbished Residence:

  1. Name(s) of the first occupant(s) of the Newly Constructed/ Refurbished Residence.
/ ------
------
  1. Date of sale of original private residence(settlement/ possession date):

  1. Has any income been derived from the properties while they were both owned? If so, please provide relevant dates and details.

IT IS AN OFFENCE UNDER THE LAND TAX ASSESSMENT ACT 2002 AND TAXATION ADMINISTRATION ACT 2003 TO PROVIDE FALSE OR MISLEADING INFORMATION

LAND TAX ASSESSMENT ACT 2002

SECTION 27A

RESIDENTIAL EXEMPTION CONFIRMATION: MOVING FROM ONE PRIVATE RESIDENCE TO A NEWLY CONSTRUCTED OR REFURBISHED RESIDENCE

Section 27A of the Land Tax Assessment Act 2002 provides an exemption from land tax for two consecutive years where two properties are owned in transitional circumstances at midnight on 30 June in the financial year before the first assessment year. For the exemption to apply, the second property must consist of a residence that is to be refurbished, or a new home that is to be constructed, and the owner intends to occupy the property as his or her primary residence once the refurbishment or construction is completed.

Refer to Fact Sheet ‘Land Tax Exemptions - Transitional, Newly Constructed and Refurbished Private Residences’which addresses the circumstances when the Commissioner will grant anexemption from land tax if moving from one private residence to a newly or refurbished residence.

Section 27A provides an exemption for the second property for two consecutive years in the following circumstances:

  • the owner owns two residences, the first one occupied and therefore exempt from land tax, and the other being constructed or refurbished, having been acquired in the financial year immediately before the first assessment year;
  • the commencement date for construction or refurbishment of the property acquired second is in the first assessment year or is in the previous financial year and part of the construction or refurbishment is carried out in the first assessment year;
  • the construction or refurbishment of the second property is completed and it is occupied by the owner as their primary residence in the second assessment year;
  • the first residence is sold and delivered to the purchaser prior to 30 June at the end of the second assessment year;
  • no income has been derived by anyone from either property while it was not the primary residence of the owner(if any income derived from the property, provide details at question 5).

Example:

In order to qualify for an exemption under section 27A for a second property for the two consecutive assessment years 2017-18 and 2018-19, the second property must have been acquired between 1 July 2016 and 30 June 2017. The second property must be completed and occupied as the primary residence between 1 July 2018 and 30 June 2019 and the first acquired property must have been sold and delivered to the purchaser on or before 30 June 2019.

If any of these conditions is not met, any exemption in respect of the second property will be removed and an assessment issued.

As the land tax exemptions are to be applied in transitional circumstances only, the Commissioner will not ‘roll forward’ the land tax exemptions to later assessment years while the owner owns both properties.

Upon completionand occupation of the constructed/refurbished private residence, and sale/delivery of the original residence, the owner must notify the Commissioner by lodging this form.

Completion date: the date when the construction or refurbishment is completed to the point where the residence is ready for occupation.

IMPORTANT - LAND OWNED BY A COMPANY AND/OR LAND HELD IN TRUST

If the land for which exemption is claimed is held in trust, or is owned by a company, this exemption does not apply. Please contact the Office of State Revenue to obtain further information as most land owned by a company or held in trust no longer qualifies for residential exemption.

Need more information?

Web Enquiry:

Website:

Please return completed form to:

Office of State Revenue,

GPO Box T1600, PERTH WA 6845

or as an attachment via our Web Enquiry

Telephone:(08) 9262 1200

Country Callers:1300 368 364 (Local Call Charges)