This regulation may be cited as the Land Tax Regulation 2021.
2Primary production activities—Act, s 53
For section 53(1) of the Act, the following activities are prescribed—(a)maintaining animals for the purpose of selling the animals or their bodily produce, including their natural increase;(b)cultivating land for the purpose of selling produce;(c)propagating or cultivating plants or mushrooms, for the purpose of selling the plants or mushrooms or produce from the plants, whether the plants or mushrooms are grown—(i)in sand, gravel or liquid, without soil and with added nutrients; or(ii)in the ground or in pots, bags or containers;(d)planting or tending trees in a plantation or forest for the purpose of selling the trees or produce from the trees;(e)an activity, other than an activity mentioned in paragraph (a), (b), (c) or (d), that is agriculture, dairy farming or pasturage;(f)an activity that is—(i)directly related to, and carried out to support, an activity mentioned in any of paragraphs (a) to (e); and(ii)carried on for the same business of primary production mentioned in section 53(1) of the Act.
3Application for clearance certificate—Act, s 63
(1)For section 63(2)(b) of the Act, the way to make an application for a clearance certificate is—(a)online at the website of an entity engaged by the commissioner for the purpose; or(b)in writing to the commissioner by mail.(2)For section 63(2)(a) of the Act, the fee for an application for a clearance certificate is—(a)if the application is made online—35.80 fee units; or(b)if the application is made in writing under subsection (1)(b)—44.35 fee units.(3)If the application is made online at the website of the entity, it is enough if the application fee is paid to the entity.(4)For working out the amount of a fee expressed in subsection (2) as a number of fee units, for the purpose of the Acts Interpretation Act 1954, section 48C(3), the amount is to be rounded down to the nearest multiple of 5 cents.Subsection (2)(a) provides for a fee of 35.80 fee units. If the value of a fee unit for this regulation were $1.025, the number of dollars obtained by multiplying $1.025 by 35.80 would be $36.695. After rounding down, the amount of the fee would be $36.65.s 3 amd 2021 SL No. 60 s 7; 2022 SL No. 53 s 7
4Prescribed period and documents for taxpayer’s election to pay land tax by instalments—Act, s 72
For section 72 of the Act—(a)the prescribed period is—(i)35 days after the assessment notice for the land tax that is to be paid by instalments is given to the taxpayer; or(ii)a longer period allowed by the commissioner; and(b)a document that allows the commissioner to withdraw the instalments of the land tax, payable by the taxpayer, by direct debit from an account held, in Australia, by the taxpayer, is prescribed.
The Land Tax Regulation 2010, SL No. 109 is repealed.