A retiree couple have been successful before the WA State Administrative Tribunal in seeking the principal place of residence (PPR) land tax exemption under s 21 of the Land Tax Assessment Act 2002 (WA) despite their home being leased out for a short-term period as at the relevant date (30 June 2011). The taxpayers had…
The NSW Administrative Decisions Tribunal has affirmed the decision of the Chief Commissioner of State Revenue (NSW) to issue land tax assessments to the relevant taxpayers in relation to a vacant property for the 2004 to 2011 land tax years. The issue concerned a vacant property purchased in September 2003 by 3 individuals (one of…
The NSW Administrative Decisions Tribunal has denied a taxpayer the principal place of residence (PPR) land tax exemption for a property, and therefore, affirmed a land tax assessment for the 2011 land tax year. The matter concerned 2 properties owned (or part-owned) by the taxpayer. The Tribunal noted that the “critical period” for examination was…
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…
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…
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…
The following Bills were introduced into the Victorian Legislative Assembly on Tue 1.5.2012: Duties Amendment (Landholder) Bill 2012 – proposes to amend the Duties Act 2000 (Vic) to give effect to the 2011-12 Victorian Budget proposal to adopt a landholder duty model from 1 July 2012; and State Taxation Acts Amendment Bill 2012 – proposes…
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…
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…
The Duties (Landholders) Amendment Bill 2012 (ACT) was introduced into the ACT Legislative Assembly on 10 May 2012. It proposes to amend the Duties Act 1999 (ACT) to “more closely” align the Territory’s landholder provisions with NSW. Date of effect: The amendments are proposed to commence on 1 July 2012. [LTN 96, 21/5]