The Victorian Civil and Administrative Tribunal has affirmed land tax assessments issued to a taxpayer after concluding the taxpayer was the deemed owner of the subject land at the relevant times.
The taxpayer was a land developer and was the registered owner of various parcels of land. The Commissioner had assessed the taxpayer to land tax in respect of the lots for the 2006 to 2009 land tax years. The taxpayer had objected to each of the assessments, and the Commissioner allowed in part the taxpayer’s objections in relation to the 2006 and 2007 years only. During the course of the hearing, the Commissioner provided that other objections for the 2006, 2008 and 2009 year will also be allowed.
Among other things, the taxpayer claimed it was not the owner of the lots because each lot was the subject of a contract of sale, each contract gave the purchaser an entitlement to immediate possession of the lot, and either 15% of the purchase money had been paid by each purchaser or compliance with that requirement should be excused by the Commissioner.
The Tribunal was not satisfied with the taxpayer’s evidence presented before it and held the taxpayer was deemed to be the owner of the respective lots as at the relevant dates for the purpose of the land tax assessments issued by the Commissioner. It did not accept the taxpayer’s submissions that it should be deemed not to be the owner of land under the discretion contained in s 16(3) of the Land Tax Act 2005 (Vic). In conclusion, the Tribunal made final orders in accordance with those sought by the Commissioner.
(Decleah Investments Pty Ltd v Comr of State Revenue (Review and Regulation) [2013] VCAT 1002, Victorian Civil and Administrative Tribunal, Jenkins VP, 14 June 2013.)
[LTN 130, 9/7/13]