An implied, constructive or resulting trust is not intentionally created but is imposed by law or arises in certain circumstances.

A trustee of an implied, constructive or resulting trust will be:

  • separately assessed on all trust held land at the general rates of land tax; and
  • assessed as if the trust held land was the only land owned by the trustee.

Example 6 – land held on trust

Sam owns 2 parcels of land. Following a dispute between Sam and Alex, a court has ordered that Sam holds one of the parcels of land on trust for Alex.

Accordingly, Sam will be:

  • separately assessed on the land held on trust for Alex at the general rates of land tax, as opposed to the trust rates of land tax; and
  • assessed as if the trust held land was the only land owned by Sam, such that it will not be assessed together with the other parcel of land Sam owns.