TAXATION ADMINISTRATION ACT 1953

SCHEDULE 1 - COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES  

Note: See section 3AA .

Chapter 2 - Collection, recovery and administration of income tax  

PART 2-5 - PAY AS YOU GO (PAYG) WITHHOLDING  

Division 12 - Payments from which amounts must be withheld  

Subdivision 12-H - Distributions of withholding MIT income  

Operative provisions

SECTION 12-452   MEANING OF RESIDENTIAL DWELLING ASSET  

12-452(1)  
A residential dwelling asset is an asset that:


(a) is a *dwelling; and


(b) is *taxable Australian real property; and


(c) is *residential premises (other than *commercial residential premises); and


(d) is not a dwelling that:


(i) is used primarily to provide specialist disability accommodation (within the meaning of the National Disability Insurance Scheme (Specialist Disability Accommodation Conditions) Rule 2018 ); and

(ii) is enrolled in accordance with section 6 of that Rule; and


(e) is not a dwelling that:


(i) is used primarily to provide disability accommodation; and

(ii) is a dwelling of a kind prescribed by the regulations for the purposes of this subparagraph.

12-452(2)  
Section 118-120 (Extension to adjacent land) applies in relation to this section in the same way as it applies in relation to Subdivision 118-B.

12-452(3)  
To avoid doubt, for the purposes of applying section 118-120 in relation to this section, a *dwelling ' s *adjacent land may include land used primarily for private or domestic purposes in association with the dwelling and with one or more other dwellings.




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