RH Commercial Insight

5 Commercial Insight May 2020 How do I apply for the Land Tax Rebate ? 1. Log onto OSR Online (or create an account if you don’t already have one). Your 2019–20 land tax assessment notice will have the details of your land holdings. (If you have not received your notice, you can fi nd it under the Assessments tab once you log onto OSR Online). 2. Select My Land. 3. Select Manage details. To receive the rebate, you must include or update your contact details (including email and telephone number) and bank details so that we can contact you if necessary and pay the rebate into your nominated bank account. 4. Select Manage exemptions then Lodge new exemption. 5. Select COVID-19. 6. Complete the application by certifying your eligibility and selecting the applicable land parcel(s). 7. Complete the declaration. What are the new Leasing Principles ? To be eligible for the Land Tax Rebate , the landlord “must commit to comply with” the following Leasing Principles . These will be introduced into Queensland law. Please see here and/or our summary below: Commercial Landlords 1. negotiate in good faith with your tenant to seek a mutually agreeable resolution if their ability to pay is impacted by COVID-19; 2. not evict your tenant if they are in fi nancial distress and unable to meet their commitments due to the impact of COVID- 19; 3. not increase rent (except where rent is linked to turnover); 4. not penalise a tenant who stops trading or reduces opening hours; 5. not charge any interest on unpaid/ deferred rent; and 6. not make a claim on a bank guarantee or bond for non-payment of rent. Residential Landlords 1. negotiate in good faith with your tenant to seek a mutually agreeable resolution if their ability to pay is impacted by COVID-19; 2. not evict your tenant if they are in fi nancial distress and unable to meet their commitments due to the impact of COVID- 19; 3. not end a tenancy for any reason other than on an approved ground; this does not include the tenant’s inability to pay rent or the end of a fi xed term lease; 4. not charge break-lease-fees for tenants who need to end a fi xed term tenancy early due to the fi nancial, health or per- sonal safety impacts of COVID-19; and 5. allow a tenant to refuse landlord/agent entry for non-essential reasons (eg. routine repairs and inspections) particular- ly if a member of the household has a higher risk pro fi le if exposed to COVID-19. Please note – the Leasing Principles are not the same as the Federal Government “ Mandatory Code of Conduct for Small and Medium Enterprise Commercial Tenancies ” announced on 7 April 2020 and yet to be implemented into Queensland Law. Compliance with the Code of Conduct is not a prerequisite for the Land Tax Rebate. Important Notice: The information in this article is current as at 15 April 2020. It is for general purposes only, and re fl ects a rapidly-changing situation. The actual laws enacted by the State Government may vary the e ff ect of the policy as set out in this article. Consequently, this article is not intended to constitute legal advice. If you require assistance with determining your eligibility for the land tax relief, please contact us on 07 3392 0099. Noting the references to “certifying your eligibility” and completing a declaration, it does not appear that the O ffi ce of State Revenue will require proof of certain facts or steps having already been taken in order to obtain the Land Tax Rebate. Presumably, penalties will apply for false statements etc.