LAND DEVELOPMENT DUTY ACT

ARRANGEMENT OF SECTIONS

PART I
Preliminary

   1   Short title

   2   Interpretation

   3   Power of Minister to declare special development area

   4   Administration

 

PART II
Duty on Capital Gains

   5   Imposition of capital gains duty

   6   Ascertainment of capital gain

   7   Deduction of capital gains duty on payment of income tax

   8   Collection and recovery of duty

 

PART III
Betterment Charges

   9   Imposition of betterment charges

   10   Determination of betterment charges

   11   Ascertainment of increase in value

   12   Percentage chargeable for betterment

   13   Date of payment of betterment charge

   14   Persons liable to betterment charge

   15   Joint and several liability of persons in possession

   16   Collection of betterment charge

   17   Procedure against land for annual payment of betterment charge

 

PART IV
Appeals

   18   Appeals

   19   Capital gains duty and betterment charge payable pending further appeal

   20   Provisions relating to appeals to Revenue Court

 

PART V
General

   21   Determination of value of consideration

   22   Valuations to be made by Commissioner of Valuations

   23   Duty of public officer to furnish information

   24   Information as to names of owners of land

   25   Duty of person served with notice to make return, to attend before Commissioner and to produce documents

   26   Notices

   27   Penalties for false statements, etc

   28   Penalty for offences for which no specific penalty otherwise provided

   29   Proceedings to be in the name of the Commissioner

 

PART VI
Miscellaneous

   30   Power of Minister to remit duty or betterment charge

   31   Regulations

   32   Power of Minister to exempt categories of persons or categories of lands

 

LAND DEVELOPMENT DUTY ACT

[Date of Commencement: 18th June 1958]

Law 4 of 1958.

Acts
42 of 1969,
29 of 1971.

LN 165/1999.

PART I
Preliminary (sections 1-4)

1   Short title

   This Act may be cited as the Land Development Duty Act.

2   Interpretation

   In this Act, unless the context otherwise requires-

   "Commissioner" means the Commissioner of Taxpayer Audit and Assessment appointed under section 11E of the Revenue Administration Act;

[LN 165/1999.]

   "Commissioner of Valuations" means the Commissioner of Valuations appointed in accordance with the Land Valuation Act, and includes any person to whom he may delegate his powers under that Act;

   "development date" means, in relation to each order made under section 3, such day as may be stated in the order to be the development date;

   "encumbrance" includes a mortgage in fee or for a less estate and a lien, and a charge of a portion, annuity, or any capital or annual sum;

   "fee simple" means the estate in fee simple in possession:

   Provided that, for the purpose of determining the value of any land or for determining the value of any consideration for the transfer of land, the expression "fee simple" shall be deemed to mean the estate in fee simple in possession in the land free from any lesser estates or interests therein or any encumbrances thereon or any rights or immunities conferred upon a tenant under the Rent Restriction Act and free also from any restrictive covenants and conditions other than restrictive covenants and conditions created by a Crown grant or by law;

   "improved value" means' in relation to land, the capital sum which the fee simple of the land might be expected to realise if ordered for sale at the time on such reasonable terms and conditions as a bona fide seller would require;

   "land" includes all tenements and hereditaments and also all messuages, houses, buildings or other construction whether the property of any corporation, or of any private individual, and all trees growing or standing thereon:

   Provided that, for the purpose of determining the value of any land or for determining the value of the consideration for the transfer of any land, there shall not be included in such value

   (a)    the value of growing crops; or

   (b)    the value of trees, other than fruit trees, that have been planted for any purpose, or

   (c)    the value of trees that have been preserved as shelter or for ornamental purposes;

   "parcel of land" means land which is separately held by any owner, or land which under the Land Valuation Act, may be valued as a separate parcel of land;

   "person in possession of land" includes the attorney, overseer or manager or other person having the management of, or the collection, or the receipt of rents, issues, or profits of any land as well as the owner, occupier or person actually in possession of such land;

   "return" includes all returns, notices, declarations statements and information prescribed required in accordance with the provisions of this Act to be furnished;

   "special development area" means an area declared by order under section 3 to be a special development area;

   "specified base date" means in relation to each order made under section 3, such day as may be stated in the order to be the specified base date;

   "transfer" includes conveyance;

   "transferor" includes all joint owners who join in transfer but does not include any persons who join in the execution of the instrument by which the transfer is effected, or agreed to be effected, for the purpose only of conveying any estate vested in them as trustees or encumbrancers, or of acknowledging the receipt of the consideration money, or of giving consent;

   "Valuation Board" means the Valuation Board constituted under the provisions of the Land Valuation Act;

   "valuation period" means the period elapsing between the specified base date and the development date.

3   Power of Minister to declare special development area

   (1) Subject to the provisions of subsection (2) whenever the Government undertakes, or proposes to undertake, in any area, expenditure from public funds which, in the opinion of the Minister, is substantial, it shall be lawful for the Minister, by order-

   (a)    to declare any such area to be a special development area under this Act and the provisions of this Act shall apply in relation to land in that area; and

   (b)    to specify the specified base date which shall not be more than one year before the publication in the Gazette of the order; and

   (c)    specify the development date which shall not be more than seven years after the specified base date.

   (2) No order made under this section of this Act shall have effect unless it is approved by resolution of the House of Representatives and the Senate.

4   Administration

   (1) The administration of this Act is vested in the Commissioner of Taxpayer Audit and Assessment and the provisions of section of the Income Tax Act (which relate to secrecy), shall apply to the administration of this Act as if this Act formed part of the Income Tax Act.

[LN 165/1999.]

   (2) For the purpose of discharging his responsibility for the administration of this Act it shall be lawful for the Commissioner of Taxpayer Audit and Assessment to make use of any document, information, return or assessment list and any copy of such list obtained by him in discharging his responsibility for the administration of the Income Tax Act, and, in like manner, for the purpose of discharging his responsibility for the administration of the Income Tax Act, it shall be lawful for him to make use of any document, information, return or assessment list and any copy of such list obtained by him in discharging his responsibility for the administration of this Act.

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