An exemption from land tax may apply if
- the property is private residential property
- the previous owner of the property is deceased
- the property is now owned by an executor or administrator of a will and
- a beneficiary is using the property as their primary residence as at 30 June in accordance with the deceased owner鈥檚 will.
Under section 22 of the Land Tax Assessment Act, the property is exempt for an assessment year if an individual identified in the will
- is entitled under the will to the property as a tenant for life or
- has a right under the will to use the property as a place of residence
- for as long as he or she wishes or
- 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.
Under section 23A of the Land Tax Assessment Act, the property is exempt for an assessment year if an individual identified as a beneficiary in the will is entitled under the will to ownership of all or part of the property at a fixed or ascertainable future time.
