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…