Taxation (Annual Rates, Employee Allowances, and Remedial Matters) Act 2014

185 Section 2 amended (Interpretation)

(1)

In section 2(1), in the definition of commercial dwelling, replace paragraph (b)(ii) with:

(ii)

a dwelling referred to in paragraph (b)(iii) of the definition of dwelling:

(2)

In section 2(1), in the definition of dwelling, in paragraph (b)(ii), replace “the premises; and” with “the premises:” and insert:

(iii)

despite paragraph (a)(ii), a residential unit in a retirement village or rest home when the consideration paid or payable for the supply of accommodation in the unit is for the right to occupy the unit; and

(3)

In section 2(1), in the definition of resident, after paragraph (b), insert:

(c)

the effect of the rules in section YD 1(4) and (6) of that Act are ignored in determining the residence or non-residence of a natural person, and residence is treated as—

(i)

starting on the day immediately following the relevant day that triggers residence under section YD 1(3) of that Act; or

(ii)

ending on the day immediately following the relevant day that triggers non-residence under section YD 1(5) of that Act

(4)

Subsections (1) and (2) apply for the 2011–12 and later income years. However, subsections (1) and (2) do not apply to a person in relation to a tax position taken by them—

(a)

in the period from 1 April 2011 to 31 March 2015; and

(b)

relating to tax treatment of a residential unit in a rest home or retirement village; and

(c)

relying on the definitions of commercial dwelling and dwelling as they were before the amendments made by subsections (1) and (2).