Comr of State Revenue v Australand Investments Pty Ltd – Vic land rich provisions apply differently to 2 similar transactions – depending on whether transitional provisions applied [79]

In a decision handed down on Fri 13.7.2012, the Victorian Court of Appeal, by majority, affirmed a decision made by the Victorian Supreme Court in favour of a taxpayer regarding the application of the “land rich provisions” under Ch 3 of the Duties Act 2000 (Vic) in relation to a stapling transaction in October 2005…

Roman Catholic Church Trust Corporation of the Archdiocese of Hobart v Comr of State Revenue – Tas stamp duty: transfer of school plant and equipment not a “gift” [78]

The Tasmanian Supreme Court has affirmed that a transfer of plant and equipment of a school to a taxpayer was not a “gift” and therefore denied the exemption under s 53(n)(i) of the Duties Act 2000 (Tas). The property was transferred by an incorporated association of the school to the taxpayer by way of a…

EK Anderson Investments Pty Ltd ATF CACS Property Trust v Chief Comr of State Revenue – NSW land tax: taxpayer under obligation to inform Commissioner of special trust [77]

The NSW Administrative Decisions Tribunal has affirmed the Commissioner’s decision to reassess a taxpayer for land tax for the 2007 to 2011 land tax years on the basis that the subject land was held by a special trust and that the taxpayer was not entitled to the tax-free threshold which had previously been allowed. The…

*IGOT report – ATO use of early and alternative dispute resolution practices – ATO agrees with 14 of the 21 recommendations for it [75]

The Government on Tue 31.7.2012, released the Inspector-General of Taxation’s report examining the effectiveness of the ATO’s dispute resolution practices including early dispute resolution and alternative dispute resolution (ADR). The Inspector-General observed that, at a high level, the ATO was committed to engaging with taxpayers to resolve disputes earlier. However, he also identified some areas…

ATO guides and factsheets: MRRT & PRRT [73]

The Tax Office has released the following guides on the MRRT and PRRT: Notification of change to minerals resource rent tax (MRRT) registration Consolidation for MRRT purposes Notification of choice made to consolidate for MRRT Administrative decisions – nil rate determinations re instalments for MRRT ATO’s administrative approach to PRRT Who PRRT affects Introduction to…