A public ruling, when issued, is the published view of the Commissioner of State Revenue (the Commissioner) on the particular topic to which it relates. It therefore replaces and overrides any existing private rulings, memoranda, manuals and advice provided by the Commissioner in respect of the issue(s) it addresses.
Where a change in legislation or case law (the law) affects the content of a public ruling, the change in the law overrides the public ruling—that is, the Commissioner will determine the tax liability or eligibility for a concession, grant or exemption, as the case may be, in accordance with the law.
ABC Pty Ltd owns land which is used solely for the purpose of a moveable dwelling park. The park has 100 sites.
As at midnight 30 June 2010:
The 45 occupied sites, the 25 unoccupied sites and the 10 sites being renovated are considered to be occupied, or solely available for occupation, for residential purposes for periods of more than six weeks at a time. The remaining 20 sites are not regarded as being available for occupation.
As more than 50% of the sites in the moveable dwelling park are occupied, or solely available for occupation, as required, ABC Pty Ltd will be entitled to the land tax exemption in s.54 of the Land Tax Act in respect of the 2010–11 financial year for the land comprising the moveable dwelling park.
Commissioner of State Revenue
Date of issue: 30 June 2010
|Public Ruling||Issued||Dates of effect|
|LTA054.1.1||30 June 2010||30 June 2010||Current|