Revenue Note for Guidance

653AC Surcharge for late return of the relevant site

Summary

This section imposes a surcharge for the late filing of residential zoned land tax returns.

Details

(1) Where a liable person does not file an annual return in respect of relevant site by the due date, a surcharge will apply. The surcharge is calculated as a percentage of the tax due and will vary depending on the length of the delay in filing. The surcharge is determined by reference to a Table which sets out in column (1) the timing of the delivery of the return relative to the return date and in column (2), the surcharge to apply.

(2) Interest is payable on the surcharge as if the surcharge were residential zoned land tax and both the surcharge and interest is chargeable and recoverable in the same manner as the tax.

(3) Where a person deliberately or carelessly files an incorrect return in relation to a relevant site on or before the return date, they shall be deemed to have failed to deliver the return on time, unless the error in the return is corrected before the return date.

(4) Subsection (3) shall not apply where a person, having either carelessly or deliberately filed an incorrect return, pays the full amount of any penalty due as a result of the application of section 1077F.

(5) A person who neither carelessly nor deliberately files an incorrect return on or before the return date, shall be deemed to have failed to deliver the return on time unless they correct the error in the return without unreasonable delay.

Table

Timing of delivery of return relative to return date (1)	Surcharge (2)
Return not delivered within 6 months from the return date	30 per cent
Return delivered between 4 and 6 months from the return date	20 per cent
Return delivered between 0 and 3 months from the return date	10 per cent

Relevant Date: Finance Act 2024