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Land Valuation and Tax Amendment Act 2015

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Land Valuation and Tax Amendment Act 2015
FA E R
N

AT F
TQUO U

BERMUDA

LAND VALUATION AND TAX AMENDMENT ACT 2015

2015 : 29

TABLE OF CONTENTS

Citation
Amends section 1
Amends section 2
Amends section 3
Amends section 6
Amends section 7
Amends section 8
Amends section 9
Amends section 10
Amends section 11
Amends section 12
Amends section 16
Amends section 17
Amends section 18
Amends section 20
Amends section 21
Amends section 22
Amends section 25
Amends section 26
Amends section 27
Amends section 72
Transitional

WHEREAS it is expedient to amend the Land Valuation and Tax Act 1967;

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LAND VALUATION AND TAX AMENDMENT ACT 2015

Be it enacted by The Queen’s Most Excellent Majesty, by and with the advice and
consent of the Senate and the House of Assembly of Bermuda, and by the authority of the
same, as follows:

Citation
This Act, which amends the Land Valuation and Tax Act 1967 (“the principal Act”),

may be cited as the Land Valuation and Tax Amendment Act 2015.

Amends section 1
Section 1(1) of the principal Act is amended—

in the definition of “annual rental value”, by deleting “means the rent at
which a valuation unit might” and substituting “, in relation to a valuation
unit, means its annual rental value as assessed under this Act, based on
the rent at which the valuation unit might, on or about the valuation date
on the open market,”;

in the definition of “charitable organization”, by deleting “any person or
body of persons having exclusively charitable purposes and relying” and
substituting “a charity within the meaning given in section 2 of the
Charities Act 2014, which relies”;

in the definition of “charitable purposes”, by deleting “means the relief of
poverty, the advancement of education, the advancement of religion and
other purposes beneficial to the community” and substituting “has the
meaning given in section 2 of the Charities Act 2014”;

by, after the definition of “the Director”, inserting the following new
definition—

“ “draft valuation list” means a draft valuation list prepared under section
3 as read with section 26(1);”;

in the proviso to the definition of “owner”, by deleting paragraph (d);

by, after the definition of “public utility undertaking”, inserting the
following new definitions—

“ “quinquennial draft valuation list” means a draft valuation list which, as
provided in section 26, is prepared more or less quinquennially;

“quinquennial valuation list” means a valuation list which, as provided in
section 26, more or less quinquennially supersedes the valuation list
in being immediately before its confirmation;”;

by, after the definition of “Tribunal”, inserting the following new
definitions—

“ “valuation date” means the date by reference to which the annual rental
value of a valuation unit shall be assessed, the date being—

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2

(a)

(b)

(c)

(d)

(e)

(f)

(g)

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LAND VALUATION AND TAX AMENDMENT ACT 2015

in respect of a valuation list that is in effect at the time that the
Land Valuation and Tax Amendment Act 2015 comes into
operation, 31 December 2009 (the date of deposit under section 9
(as read with section 26) of the draft 2009 valuation list); and

in respect of—

a draft valuation list that is deposited under section 9 (as read
with section 26) at any time after the coming into operation of
the Land Valuation and Tax Amendment Act 2015;

a valuation list, being a draft valuation list referred to in
subparagraph (i) which is confirmed under section 22 (as read
with section 26(3)); and

for the avoidance of doubt, objections to the draft valuation list,
proposals of the Director for the amendment of the draft
valuation list or the valuation list, and objections to such
proposals,

18 months before the effective date of the valuation list to which it
relates;

“valuation list” means a valuation list for Bermuda confirmed under
section 22 as read with section 26(3);”.

(a)

(b)

(i)

(ii)

(iii)

Amends section 2
Section 2 of the principal Act is amended by deleting “Director and such Assistant

Directors” and substituting “Director of Land Valuation and such Assistant Directors of
Land Valuation”.

Amends section 3
Section 3(1)(d) of the principal Act is amended by deleting “1954” and substituting

“1996”.

Amends section 6
Section 6(1) of the principal Act is amended by deleting “and occupier”.

Amends section 7
Section 7 of the principal Act is amended by, after subsection (2), inserting—

If any person on whom a notice to make a return has been served under
this section fails without reasonable excuse—

to make such return in accordance with subsection (2); or

although he makes the return in accordance with subsection (2),
withholds particulars or makes any statement or representation
which he knows to be false or misleading in a material particular
(relating to the annual rental value of the valuation unit) as are

“(2A)

(a)

(b)

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LAND VALUATION AND TAX AMENDMENT ACT 2015

reasonably required for the purpose of enabling the Director
accurately to compile the draft valuation list,

he shall not later adduce those particulars in an objection to the draft valuation list
or in an objection to proposals of the Director for the amendment of the draft
valuation list or valuation list (once the draft valuation list is confirmed).”.

Amends section 8
Section 8 of the principal Act is amended—

in the heading, by deleting “land” and substituting “valuation unit”; and

in subsection (1), by deleting “enter on” and substituting “enter”.

Amends section 9
Section 9 of the principal Act is amended—

in subsection (1), by deleting “the thirtieth day of June in the year in which
it is prepared (or such later date as the Minister may in any particular case
allow)” and substituting “the effective date”; and

in subsection (2), by deleting “and in at least one daily newspaper”.

Amends section 10
Section 10(2) of the principal Act is amended by deleting “twenty-eight days” and

substituting “six months”.

Amends section 11
Section 11(2) of the principal Act is amended by, after “notice”, inserting “in the

prescribed form”.

Amends section 12
Section 12(1) of the principal Act is amended by deleting “twenty-eight days” and

substituting “six months”.

Amends section 16
Section 16 of the principal Act is amended by deleting “notice of objection has been

lodged” and substituting “Director’s reply”.

Amends section 17
Section 17 of the principal Act is amended—

in subsection (1)(c), by deleting “or occupier”; and

by repealing subsection (3).

Amends section 18
Section 18 of the principal Act is amended—

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(a)

(b)

8

(a)

(b)

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(a)

(b)

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LAND VALUATION AND TAX AMENDMENT ACT 2015

in the proviso to subsection (3), by deleting “in the opinion of the Tribunal
any amendment so proposed is formal only, then the Tribunal may
dispense with the requirement of serving notice of that amendment” and
substituting “the Director is satisfied that any amendment is formal only,
then the Director may dispense with the requirement of making a proposal
or serving notice of that amendment, and may amend the list accordingly”;

by, after subsection (3), inserting—

For the purposes of the proviso to subsection (3), an amendment to the
draft valuation list is “formal only” if the amendment—

is to the name, description or address of a valuation unit; and

is either—

requested by the owner, and the Director is satisfied that it is
necessary or expedient; or

a correction of an error which the Director is satisfied is
otherwise necessary or expedient.”; and

“(3A)

(a)

(b)

(i)

(ii)

in the proviso to subsection (4), by deleting “fourteen days after the date of
the deposit of the proposal with the Tribunal or the date of its service on
the owner of the valuation unit affected thereby, whichever date is the later,
or such later date as may be prescribed.” and substituting—

“the latest of the following—

the twenty-eighth day after the date on which the proposal was
served on the owner of the valuation unit concerned;

the latest day allowed by or under section 12(1) for a notice of
objection to be served on the Director; or

such date as may be prescribed.”.

(a)

(b)

(c)

Amends section 20
Section 20 of the principal Act is amended—

in subsection (1)—

by deleting “draft valuation list and the objections” and substituting
“draft valuation list or valuation list and the objections”; and

by deleting “draft valuation list as may be” and substituting “draft
valuation list or valuation list as may be”;

in subsection (3)(a), by deleting “current on the date of the deposit of” and
substituting “in”; and

by, after subsection (3), inserting—

(a)

(b)

(c)

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(a)

(i)

(ii)

(b)

(c)

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LAND VALUATION AND TAX AMENDMENT ACT 2015

Subject to section 7(2A), in considering objections to the draft
valuation list or objections to proposals by the Director for amendment of the draft
valuation list, the Tribunal may have regard to evidence of the market rental value
of a valuation unit, but only evidence that was current on or about the valuation
date.

In considering objections to proposals to amend a valuation list (once
the draft valuation list is confirmed), the Tribunal—

shall have regard to—

annual rental values in the valuation list concerned; and

the object of ensuring that the annual rental values in the
valuation list are fair one with another; and

shall not have regard to evidence of the market rental value of a
valuation unit.

In subsections (3A) and (3B), “evidence of the market rental value of a
valuation unit” means evidence of the rent which the owner has received (or might
reasonably expect to receive) for the tenancy of the valuation unit.”.

“(3A)

(3B)

(a)

(i)

(ii)

(b)

(3C)

Amends section 21
Section 21(3) of the principal Act is amended by deleting “and to produce” and

substituting “and, subject to sections 7(2A) and 20(3B)(b), to produce”.

Amends section 22
Section 22(1) of the principal Act is amended—

by deleting “As soon as practicable after the determination of all the
objections and proposals (other than objections and proposals that have
been deferred under section 20(1) (e), (f) or (g)) but not later than six
months,” and substituting “No earlier than six months, but not later than
seven months,”; and

by deleting “first day of July of the year in which it was deposited under
section 9” and substituting “effective date”.

Amends section 25
Section 25 of the principal Act is amended—

in subsection (1), by after “proposal to the Tribunal”, inserting “and owner
of each valuation unit affected by the proposal”;

in subsection (3), by deleting “17(2) and (3), section 18(1), (2) and (4) and
section 20(1)(g), (2) and (3)(a)” and substituting “17(2), section 18(2) and
(4) and section 20(1)(g), (2), (3) and (3A)”; and

in subsection (7), by deleting “, and the Tribunal shall act in relation to the
proposal, as it affects that unit, accordingly”.

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(a)

(b)

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(a)

(b)

(c)

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LAND VALUATION AND TAX AMENDMENT ACT 2015

Amends section 26
Section 26 of the principal Act is amended—

in subsection (1), by deleting “before the 31 December 2004, and
quinquennially thereafter” and substituting “quinquennially”;

in subsection (2), by deleting “(other than the list for the 1st January,
1978)”;

in subsection (3), by deleting “Subject to subsection (4), the provisions of
this Act governing a draft valuation list as respects preparation, deposit,
publication, objections, proposals by the Director, appeals, confirmation
or any other matter incidental to any such matter or thing shall apply
mutatis mutandis in relation to every quinquennial draft valuation list as
they apply in relation to a draft valuation list; and, on” and substituting
“On”; and

by repealing subsection (4).

Amends section 27
Section 27(2)(b) of the principal Act is amended by, after “on the”, inserting “day

after the”.

Amends section 72
Section 72 of the principal Act is amended—

by repealing subsection (1)(a) and substituting—

by hand-delivering it to the person on whom it is to be served and,
in the case of a body corporate, to an officer or employee of the
body at its registered office or other place of business; or”;

“(a)

by repealing subsection (1)(c) and substituting—

by sending it by prepaid post addressed—

to that person at his usual or last known place of abode or, in
the case of a body corporate, to an officer or employee of the
body at its registered office or other place of business; or

to that person (or, in the case of a body corporate, to an officer
or employee of the body) at the valuation unit of which that
person is the owner; or

to that person (or, in the case of a body corporate, to an officer
or employee of the body) at a street address or post office box
address provided by that person, in writing, to either the
Director or the Tax Commissioner; or”;

“(c)

(i)

(ii)

(iii)

by, after subsection (1)(c), inserting—

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(a)

(b)

(c)

(d)

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(a)

(b)

(c)

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LAND VALUATION AND TAX AMENDMENT ACT 2015

by sending it by email addressed to that person (or, in the case of
a body corporate, to an officer or employee of the body) at an email
address provided by that person, in writing, to either the Director
or the Tax Commissioner; or”;

“(ca)

by repealing subsection (1)(d);

in subsection (2), by deleting “delivery pursuant to subsection (1)(a) or (d)
or section 71” and substituting “hand-delivery pursuant to subsection (1)
(a) or section 71, or by email under subsection (1)(ca),”;

in subsection (3), by deleting “by delivery” and substituting “in a manner
referred to in subsection (2)”; and

by, after subsection (3), inserting—

Where the Director is required by this Act to deposit with, transmit to,
or in any other manner serve on (regardless of the expression used) the Tribunal
any objection, proposal or other document, he shall do so in such manner as the
Chairman of the Tribunal may from time to time in writing direct, and such service
shall have effect as from the time it is so served.”.

“(4)

Transitional
The amendments made by this Act shall not affect any proposal by the Director, or

any objection thereto, that has already been made before this Act comes into operation.

[Assent Date: 04 July 2015]

[Operative Date: 04 July 2015]

(d)

(e)

(f)

(g)

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