Land Tax Clearance

My son is purchasing a boarding house in NSW that is land tax exempt.

To get the exemption, however, the owner must apply to OSR each year with a stat dec stating the property is a BH and will continue to be a BH through all of 2015.

The vendor has already applied, but the OSR have not issued the exemption yet (3 to 10 week turnaround).

The vendor is now demanding settlement, which would require my son to pay the majority of the land tax owing (it is adjustable) and if a refund is issued it would then flow entirely to the vendor!!

Does a land tax bill follow the property or the purchasor?? I.e. If you buy a property that has land tax owing on it, does the bill pass to the new owner or is the old owner still liable?

I am hoping the bill goes with the property....in which case he could settle without a clear land tax certificate and then chase the exemption from OSR.
 
Fabulous!!!

Terry- you are worth your weight in gold. I will be in contact for all my future transactions because I am so fed up with my solicitor/conveyancer who has no idea.

The vendor tried to demand settlement today, with my son paying 80% of the land tax bill (30k). As the property is a boarding house, OSR would then approve the exemption and issue a refund of the whole bill (35k) to the vendor!!!

Awful tactics
 
Very true.

I am extremely confident of the exemption though. And in worst case scenario my son pays $6k more in land tax but the vendor does not get an undeserved 30k!!!

These exemptions are meant to benefit low income earners, not multi-millionaires.

Terry- you must write a book. A wealth of knowledge.
 
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