Answers to Questions

Land Tax

In reply to the Hon. F. PANGALLO (12 May 2020).

The Hon. R.I. LUCAS (Treasurer): I have been provided the following advice:

1. The substantive provisions come into operation at midnight on 30 June 2020, and apply from the 2020-21 financial year, commencing 1 July 2020, onwards.

2. As stated in answer to the first question, the substantive provisions technically come into operation at midnight on 30 June 2020, but apply from the 2020-21 financial year, which commences on 1 July 2020, onwards.

3. The information requested from landowners to assist RevenueSA in administering the new laws cannot be used by RevenueSA to retrospectively apply the new laws. The new laws are not retrospective and do not apply to before the 2020-21 financial year.

The information provided to RevenueSA by landowners may, however, be relevant to assessments of land tax made under the existing laws and that may result in the Commissioner of State Taxation becoming aware of an error in a landowner's land tax assessment in the financial years prior to the 2020-21 financial year under the existing laws. It is incumbent on the commissioner to make a correct assessment of a liability. In the absence of a deliberate tax default, the commissioner may make a reassessment of a tax liability up to five years after the initial assessment of the liability under the existing laws. Interest and penalty tax may also apply where there has been tax default under the existing laws.