§ 20 — Deferment of liability by deferment determination

20.—(1) A taxable person may apply to the Authority for a determination deferring payment of any land betterment charge payable by the taxable person (called in this Act a deferment determination).(2) The Authority may make a deferment determination deferring payment of any land betterment charge payable by a taxable person in respect of a chargeable consent given in relation to a development or subdivision of, or a controlled activity with respect to, any land if the Authority is satisfied that —(a)

the taxable person is a charitable institution and the land will be used wholly or mainly for charitable purposes (whether of the taxable person or of that person and other charitable institutions); or

(b)

the taxable person and the land satisfy any other prescribed criteria in Regulations made under section 65.

(3) However, for the purposes of subsection (2)(a) and the disqualifying event under section 22(2)(b), land must not be regarded as used wholly or mainly for charitable purposes where the material interest in the land is owned by the taxable person jointly with a person who is not a charitable institution.

(4) For the purposes of subsection (2) and the disqualifying event under section 22(2)(b), use of any land for charitable purposes includes leaving it unoccupied.

(5) A deferment determination may do either or both of the following:(a)

defer the liability of the taxable person or a taxable person to pay all or part of the total amount of the land betterment charge payable as at the date of the determination;

(b)

defer the obligation of the taxable person or a taxable person to pay all or part of each amount of the land betterment charge to become payable while the deferment determination is in force.

(6) Where the Authority makes a deferment determination, the Authority must give a copy of the deferment determination to the taxable person to whom the deferment determination relates.

—(1) A taxable person may apply to the Authority for a determination deferring payment of any land betterment charge payable by the taxable person (called in this Act a deferment determination).

(2) The Authority may make a deferment determination deferring payment of any land betterment charge payable by a taxable person in respect of a chargeable consent given in relation to a development or subdivision of, or a controlled activity with respect to, any land if the Authority is satisfied that —(a)

the taxable person is a charitable institution and the land will be used wholly or mainly for charitable purposes (whether of the taxable person or of that person and other charitable institutions); or

(b)

the taxable person and the land satisfy any other prescribed criteria in Regulations made under section 65.

(3) However, for the purposes of subsection (2)(a) and the disqualifying event under section 22(2)(b), land must not be regarded as used wholly or mainly for charitable purposes where the material interest in the land is owned by the taxable person jointly with a person who is not a charitable institution.

(4) For the purposes of subsection (2) and the disqualifying event under section 22(2)(b), use of any land for charitable purposes includes leaving it unoccupied.

(5) A deferment determination may do either or both of the following:(a)

defer the liability of the taxable person or a taxable person to pay all or part of the total amount of the land betterment charge payable as at the date of the determination;

(b)

defer the obligation of the taxable person or a taxable person to pay all or part of each amount of the land betterment charge to become payable while the deferment determination is in force.

(6) Where the Authority makes a deferment determination, the Authority must give a copy of the deferment determination to the taxable person to whom the deferment determination relates.