Land Tax Act 1967

[28 July 1967]

[preamble and words of enactment omitted]

Interpretation

1 (1) In this Act —

"the Act" means the Land Valuation and Tax Act 1967.

"private dwelling" means a valuation unit which is used wholly or mainly as a private dwelling.

(2) For the avoidance of doubt it is hereby declared that no valuation unit which is used as or forms part of an hotel, cottage colony, guest house, lodging house, club or tourist accommodation for reward is a private dwelling.

(3) Subject to this section, this Act shall be construed as one with the Act, and expressions used in this Act shall, unless the context otherwise requires, have the same meaning as in the Act.

(4) Where by or pursuant to section 2 different rates of tax are in fact applied to different portions of the annual rental value of a valuation unit, then the word "rate", where used in the Act or elsewhere in this Act in relation to tax to be charged, levied and collected on that unit, shall, except where the context otherwise requires, be taken as referring to all those first-mentioned rates collectively.

Rate of tax

2 Subject to this Act, tax shall be charged, levied and collected on every valuation unit pursuant to the Act at the following rates:—

(a) where the valuation unit is a private dwelling, in respect of such portion of the annual rental value of the unit as falls within a band specified in the first column of the Schedule, the rate specified in the second column of the Schedule in relation to that band;

(b) in respect of any other valuation unit, the rate of 6% of the annual rental value of the unit.

[section 2 amended by 1990:21 effective 1 July 1990 and further amended by 1991:13 effective 1 July 1991]

Exemptions

3 No tax shall be charged, levied or collected on any valuation unit—

(a) declared by the Minister of Finance by order published in the Gazette to be exempt from tax; or

(b) exempted from tax under any other statutory provision.

Special concessionary basis

3A (1) On a valuation unit to which this section applies tax shall be charged, levied and collected on the special concessionary basis laid down in subsection (4).

(2) As respects any tax period, this section applies to any valuation unit in relation to which the criteria specified in subsection (3) ("the qualifying criteria") are met during any part of that tax period.

(3) The qualifying criteria for a valuation unit are—

(a) that it is a private dwelling; and

(b) that it is actually occupied by an individual who—

(i) is the owner of that unit;

(ii) is sixty-five years of age or over; and

(iii) possesses Bermudian status.

(4) Tax on a valuation unit to which this section applies shall be arrived at by —

(a) first calculating the amount of the tax falling to be charged, levied and collected on the basis of the unit's full rental annual rental value; and

(b) then deducting from that amount the tax falling to be charged, levied and collected on a private dwelling with an annual rental value of $20,000.

(5) The expression "owner" in subsection (3)(b)(i) has the same meaning as it has in the Act in that expression's application to an individual, and includes an individual whose ownership is that of a joint tenant or a tenant in common as mentioned in section 1(2) of the Act.

Tax period applicable to exemption

4 (1) An order issued under section 3(b) may relate the exemption accorded thereby to such tax periods as may be specified therein and may be retrospective.

(2) The affirmative resolution procedure shall apply to an order made under section 3 (a).

Transitional

5 [omitted]

Date of classification

6 Where the tax in respect of a valuation unit depends on its classification, the normal purpose for which it is designed, constructed or used at the commencement of the relevant tax period shall determine its classification and no change of design, construction or user during that tax period shall affect the tax in respect thereof for that tax period.

Date of operation of Act

7 Subject to the provisions of section 9, the provisions of this Act shall have effect as from the 1st July, 1967, in relation to the tax period commencing on that date and each subsequent tax period.

Duration of Act

8 This Act shall continue in force indefinitely.

Transitional saving

9 Save as expressly herein provided nothing in this Act shall derogate from the provisions of the Land Valuation and Tax Act 1967 [title 14 item 31].

SCHEDULE (Section 2(a))

LAND TAX ON PRIVATE DWELLINGS

Annual Rental Value Band		$		Rate of Tax %
1	0	—	7,200	1.78
2	7,201	—	14,400	5.30
3	14,401	—	21,600	10.60
4	21,601	—	28,800	18.00
5	28,801	—	or over	27.00

[Schedule amended by 1990:21 effective 1 July 1990; by 1991:13 effective 1 July 1991; by 1992:25 effective 1 July 1992; by 1994:14 effective 1 July 1994; and by 1996:3 effective 1 July 1996]

[Amended by

Bermuda Consolidated Legislation

Land Tax Act 1967