Vic stamp duty: SRO forms under review [110]

The Victorian State Revenue Office (SRO) is conducting a review of various duties forms and is seeking comments to improve the following forms: Duties Form 1 (Goods statement for residential land); Duties Form 2 (Goods statutory declaration); Duties Form 3 (Real property value statutory declaration); Duties Form 4A (Off the plan sales statutory declaration); Duties…

*Comr of State Revenue v Snowy Hydro Limited – Commissioner wins Vic land rich provisions: power station joint venture – appeal [104]

In a decision handed down on Fri 29.6.2012, the Victorian Court of Appeal has allowed the Commissioner’s appeal against an earlier Victorian Supreme Court decision concerning the “land rich” provisions in Pt 2 of Ch 3 of the Duties Act 2000 (Vic). The Victorian Supreme Court had upheld a taxpayer’s appeal against the imposition of…

*Chief Comr of State Revenue v Tasty Chicks Pty Ltd – NSW payroll tax: grouped assessments – Commissioner’s appeal partly allowed [103]

The NSW Court of Appeal has partly allowed the Commissioner’s appeal against an earlier NSW Supreme Court decision which had held that an administration services company and a transport company should not be grouped with a chicken supplier partnership for payroll tax purposes. The matter was first heard in the NSW Supreme Court which held…

Karci v Comr of State Revenue (Taxation) – Vic stamp duty: false “off-the-plan” concession claim, penalty affirmed [102]

The Victorian Civil and Administrative Tribunal has affirmed a 75% penalty imposed on a taxpayer in relation to a purchase of an investment property in respect of which the “off-the-plan” concession had been falsely claimed. The Tribunal heard the taxpayer had met an individual who had offered to sell her an apartment for $340,000 that…

Chief Comr of State Revenue v Ghali (RD) – Commissioner wins appeal on NSW land tax: principal place of residence exemption [101]

The Appeal Panel of the NSW Administrative Decisions Tribunal has allowed the Commissioner’s appeal against an earlier decision, which had held that a property was “used and occupied” by a taxpayer as his principal place of residence for the 2004 to 2007 land tax years. The matter concerned a taxpayer who spent 6 weeks of…