The Tax Laws Amendment (2011 Measures No 9) Bill 2011 has now passed all stages without amendment after passing the Senate on 1.3.2012. The Bill contains amendments concerning: CGT rollovers and business restructures; GST – financial supply provisions & new residential premises; consolidating super; DGRs; miscellaneous amendments (eg deceased estates and CGT main residence exemption,…
The Tax and Superannuation Laws Amendment (2012 Measures No 1) Bill 2012 was introduced in the House of Reps on Thursday 1.3.2012. It contains the following amendments: Withholding refunds: amends the Taxation Administration Act 1953 to provide the Commissioner of Taxation with a legislative discretion to withhold entitlements to high risk refunds pending refund integrity…
The Tax Laws Amendment (2012 Measures No 1) Bill 2012 was introduced in the House of Reps on Wed 21.3.2012. It contains the following amendments: Disallow deductions against rebatable benefits – amends the ITAA 1997 to implement the 2011-12 Budget announcement to disallow deductions against all government assistance payments from 1 July 2011. The Budget…
M o r g a n’ s T a x M o n t h – March 2012 Developments – This is a collection of developments in Australian tax law and practice that occurred in March 2012 and which aims at being of relevance to tax lawyers.* F John Morgan A member of the Victorian…
The Qld Civil and Administrative Tribunal has confirmed the decision of the Qld Commissioner of State Revenue to deny the discretion to de-group 3 “independent pharmacies” from a group for payroll tax purposes thereby affirming payroll tax assessments issued for the 2003 to 2008 financial years. The case essentially concerned the controlling interests of 2…
A taxpayer has been unsuccessful before the Full Court of the SA Supreme Court in its appeal against an earlier decision affirming the Commissioner’s decision to deny the de-grouping provisions contained in s 18I(1) of the Pay-Roll Tax Act 1971 (SA). The taxpayer had sought orders to exclude it from a group for SA payroll…
The SA Supreme Court has set aside land tax assessments for the 2008-09 and 2009-10 financial years issued to a taxpayer (Kalomel) in relation to a property (a home). It also affirmed the principal place of residence (PPR) land tax exemption previously granted for those years, could not be subsequently revoked by the Commissioner. Kalomel…
The WA State Administrative Tribunal has affirmed the decision of the WA Commissioner of State Revenue to deny a taxpayer’s claim to the primary residence exemption as it found not all the criteria for the claimed exemption had been met. The taxpayer and his wife made a decision to sell their home and to purchase…
The NSW Administrative Decisions Tribunal has held that the stamp duty exemption following a “break-up of marriage” under s 68 of the Duties Act 1997 (NSW) applied in relation to an ex-husband’s transfer of his interest in a family home to the taxpayer, but not the exemption for “transfers to married couples” under s 67…
The Victorian Civil and Administrative Tribunal has affirmed a stamp duty assessment of a taxpayer in relation to an acquisition of shares in 2 “land rich companies”. The background facts are complex. Broadly, the matter concerned the taxpayer’s acquisition on 25 June 2004 of the shares in the land rich companies. Before the Tribunal, the…