Daily Archives: March 21, 2020

WA Duty: Commissioner of State Revenue v Rojoda Pty Ltd – High Court analyses the rights of partners and held two remedial deeds dutiable as declaring trusts different to those the former partners had previously enjoyed

On 18 March 2020, the High Court decided (by majority of 4 to 1) that two deeds remedial deeds, that sorted out partnership interests in land, after one of 2 joint trustees died and one of 5 partners died, were dutiable because the created fixed interests, which were different from their former  interests as partners…

TR 2001/13 Addendum – update to interpretation of Double Tax Agreements (DTAs) – for MLI, case law, income and capital commentary and ‘source’ rules applying as a ‘sword’ (not just a ‘shield’)

On Wed 18.3.2020, the ATO issued an Addendum to Taxation Ruling TR 2001/13, its ruling on interpreting Australia’s double tax agreements. See below for a summary of the ruling and update. [Tax Month – March 2020]

SWPD v CofT – long-term owner of largely native forest, who had not harvested any trees, held to be ‘carrying on a business’ and entitled to small business CGT relief

On 18 March 2020, the Administrative Appeals Tribunal (AAT) decided that A taxpayer who owned land containing native forest that was not harvested during his 24-year period of ownership was carrying on a business and therefore able to utilise the CGT small business concessions. See below for a summary of the case. [Tax Month – March…