NSW land tax: Favello Pty Ltd & Ors v Chief Comr of State Revenue – primary production land tax exemption refused [64]

Three related taxpayers have been unsuccessful before the NSW Civil and Administrative Tribunal in seeking the primary production land tax exemption in relation to 27 properties pursuant to s 10AA of the Land Tax Management Act1956 (NSW). The taxpayers sought the land tax exemption for the properties for the 2006 to 2010 land tax years (for…

NSW stamp duty: Al-Saeed and Associates Pty Ltd v Chief Comr of State Revenue – “declaration of trust” – trust deed dutiable, but interest to be remitted [62]

The Appeal Panel of the NSW Civil and Administrative Tribunal has affirmed the Commissioner’s decision to assess to duty a Trust Deed on the basis that the Deed comprised a “declaration of trust” over a property, but decided the premium interest component should be remitted. The taxpayer was assessed to ad valorem duty on a…

ACT land tax: Hay v Comr for ACT Revenue – taxpayer’s circumstances “extreme in nature”, so penalties reduced [61]

The ACT Civil and Administrative Tribunal has held that penalty tax imposed on a taxpayer for land tax default in relation to a rental property over a 10-year period should be reduced as it found there were varying circumstances of the taxpayer that were not adequately considered by the Commissioner. The taxpayer was the owner…

ACT payroll tax: HJA Holdings Pty Ltd & Ors v Comr for ACT Revenue – grouping decision mainly affirmed [60]

The ACT Civil and Administrative Tribunal has made a decision concerning the Commissioner of ACT Revenue’s decision to group 18 entities for payroll purposes. The Tribunal concluded the entities constituted a group for payroll tax purposes for the period 1 July 2000 to 30 June 2005, save for 2 entities, which it held should be excluded from the group…

Vic: State Taxation Legislation Amendment Bill 2014 – update [59]

The State Taxation Legislation Amendment Bill 2014 (Vic) has passed the Victorian Legislative Assembly with 4 Government amendments. The Bill is now before the Legislative Council. It proposes to implement a number of measures announced in the Victorian State Budget Update for 2013-14 (handed down in December 2013), including: measures in relation to the congestion levy and…

ACT: Duties (Commercial Leases) Amendment Bill 2014 awaits notification – it will impose ‘premium-based’ duty on leases [58]

The Duties (Commercial Leases) Amendment Bill 2014 (ACT) has passed all stages without amendment and awaits notification. It amends the Duties Act 1999 (ACT) to introduce a premium-based method for assessing duty on commercial leases, being leases that have only a commercial purpose, or more than one purpose including commercial purposes. Examples of commercial activities…