NT Budget 2012-13: abolition of stamp duty on non-land business property deferred [St14]

The NT Budget 2012-13 was handed down on Tue 1.5.2012. The NT Treasurer announced that the Government will defer the abolition of stamp duty on non-land business property including goodwill, licences and intellectual property, previously scheduled for 1 July 2012, until “the budget situation permits”. The NT Treasurer also announced an extension of the BuildBonus…

Sheedy & Anor v Chief Comr of State Revenue – NSW land tax: vacant land PPR concession revoked by sale, so assessments affirmed [St10]

The NSW Administrative Decisions Tribunal has affirmed the decision of the Chief Commissioner of State Revenue (NSW) to issue land tax assessments to the relevant taxpayers in relation to a vacant property for the 2004 to 2011 land tax years. The issue concerned a vacant property purchased in September 2003 by 3 individuals (one of…

Fenton v Chief Comr of State Revenue – NSW land tax: no continuous use, so PPR exemption denied [St9]

The NSW Administrative Decisions Tribunal has denied a taxpayer the principal place of residence (PPR) land tax exemption for a property, and therefore, affirmed a land tax assessment for the 2011 land tax year. The matter concerned 2 properties owned (or part-owned) by the taxpayer. The Tribunal noted that the “critical period” for examination was…

Pharmos Nominees Pty Ltd v Comr of State Taxation – SA conveyance duty payable on agreement to distribute amounts in priority to other beneficiaries [St8]

The SA Supreme Court has dismissed a taxpayer’s appeal against a stamp duty assessment in respect of an agreement, which was assessed on the basis that there had been a conveyance of property under either s 71(3)(a)(iii) or s 71(3)(b) of the Stamp Duties Act 1923 (SA). The matter concerned negotiations between 2 parties in…

A & A Palk v Chief Comr of State Revenue – NSW land tax: bee breeding not dominant use, so primary production exemption denied [St7]

The NSW Administrative Decisions Tribunal has denied the primary production land tax exemption claimed by husband and wife taxpayers in relation to bee breeding operations under s 10AA(3)(b) of the Land Tax Management Act 1956 (NSW) for the 2009 land tax year. The taxpayers purchased the subject property in 2005 and had hoped to commence…

Chief Comr of State Revenue v Sayden Pty Ltd ATF Griffin Property Unit Trust (RD) – NSW land tax: criteria for fixed trust not satisfied – Commissioner wins appeal [St6]

The Appeal Panel of the NSW Administrative Decisions Tribunal has held that a trust deed amendment which “mirrored” the relevant statutory language contained in s 3A(3B) of the Land Tax Management Act 1956 (NSW) did not have the effect of converting a special trust to a fixed trust. The matter concerned a property unit trust…