John Morgan is a tax specialist lawyer of more than three decades experience now practicing at the Victorian Bar - w: www.FJMtax.com e: f.john.morgan@vicbar.com.au

SA stamp duty: no administrative fee on refunds – Information Circular [64]

RevenueSA has issued Information Circular No 63 which notes the replacement of the Stamp Duties Regulations 2002 (SA) with the Stamp Duties Regulations 2013 (SA) with effect from 1 September 2013. Among other things, the Information Circular states the 2013 Regulations had removed a sub-regulation which had provided that where ad valorem stamp duty had been paid…

Qld stamp duty: securities; family businesses; adjudication fees – public rulings updated [63]

The Qld Office of State Revenue (OSR) has updated the following Public Rulings to reflect the recent replacement of Duties Regulation 2002 (Qld) with Duties Regulation 2013 (Qld): DA000.5.4 (Securities quoted on the market operated by a recognised stock exchange – stapled securities); DA105.2.2 (Guidelines for determining the existence of a business – family businesses);…

WA payroll tax: Wyn Recruitment Pty Ltd and Comr of State Revenue – penalty tax for late lodgment affirmed, no further remission [62]

The WA State Administrative Tribunal has affirmed the decision of the WA Commissioner of State Revenue not to wholly remit the amount of penalty tax imposed. The taxpayer carried on business as an employment agency in the mining industry. During the relevant period, the Commissioner imposed penalties totalling some $342,000 for late lodgment of payroll…

NSW land tax: Jamsapi Pty Ltd v Chief Comr of State Revenue – primary production land tax exemption refused [61]

In a decision handed down on Thur 12.9.2013, the NSW Administrative Decisions Tribunal refused a taxpayer’s claim for the primary production land tax exemption under 10AA(3) of the Land Tax Management Act 1956 (NSW). The taxpayer had purchased the property, described as “vacant farm land”, in June 2007. The Tribunal heard details of various proposed developments, which…

NSW payroll tax: Lombard Farms Pty Ltd v Chief Comr of State Revenue – taxpayer wins appeal for de-grouping request – discretion matter of judgment [60]

The Appeal Panel of the NSW Administrative Decisions Tribunal has allowed a taxpayer’s appeal against an earlier decision which had refused the taxpayer’s application to be excluded from a payroll tax group under s 79 of the Payroll Tax Act 2007 (NSW). In June 2011, the Commissioner issued payroll tax assessments to the taxpayer for the 2008 to…