The ACT Revenue Office has advised that the Commissioner of ACT Revenue will appeal against the ACT Supreme Court’s decision in Comr for ACT Revenue v Araghi and Dorsett [2013] ACTSC 43. The matter concerned the Commissioner’s assessment of stamp duty on so-called “interdependent land and building contracts” based on the land sale contract (Crown lease) and the related building contract.
Essentially, the Court concluded that the dutiable transaction was the land sale contract only. The Revenue Office said that while the matter was under appeal, there would be no change in the way duty is assessed on “off the plan” agreements. That is, all lodgments of “off the plan” contracts will be treated as “interdependent contracts” and will be assessed on the combined value of the land contract plus the building contract.
[LTN 84, 6/5/13]