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…

Chief Comr of State Revenue v Sayden Pty Ltd ATF Griffin Property Unit Trust (RD) – NSW land tax: criteria for fixed trust not satisfied – Commissioner wins appeal [St6]

The Appeal Panel of the NSW Administrative Decisions Tribunal has held that a trust deed amendment which “mirrored” the relevant statutory language contained in s 3A(3B) of the Land Tax Management Act 1956 (NSW) did not have the effect of converting a special trust to a fixed trust. The matter concerned a property unit trust…

Qld bill introduced to – Increase the payroll tax threshold; and Reinstate transfer duty home concession [St4]

The Treasury (Cost of Living) and Other Legislation Amendment Bill 2012 (Qld) was introduced into the Qld Legislative Assembly on 17 May 2012. The Bill proposes to implement a number of the Qld Government’s election commitments. It proposes to amend the Payroll Tax Act 1971 (Qd) to increase the payroll tax exemption threshold from $1m…

NT: Budget Bill introduced [St3]

The Revenue Legislation Amendment Bill 2012 (NT) was introduced into the NT Legislative Assembly on Wed 2.5.2012. The Bill proposes amendments to the Payroll Tax Act to implement the Territory’s 2012-13 Budget announcement to clarify a provision of the Act in relation to parental leave and part-time employees. The Bill also proposes amendments to the…

Kolya v Tax Practitioners Board – Federal Court refuses stay of decision to reject tax agent registration [TPB2]

The Federal Court has refused an applicant’s Interlocutory Application that sought a suspension or stay of an AAT decision which affirmed a Tax Practitioners Board decision to reject his application for transitional registration as a tax agent and to terminate his registration as a BAS Agent, or, in the alternative, an interlocutory injunction preventing that…