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

Joint ‘Payroll Tax’ website launched for harmonized law and rulings [90]

The Commissioners from Revenue Offices in each Australian state and territory have on Thur 25.7.2013, launched a joint payroll tax website (www.payrolltax.gov.au). The website builds on work undertaken over the last 6 years to harmonise payroll tax administration across the jurisdictions. The website currently features a “one-stop location” for harmonised payroll tax information, including a…

Trans-Tasman Proceedings Act 2010 proclaimed to start on 11 October 2013 [97]

The Trans-Tasman Proceedings Commencement Proclamation 2013 was registered on Fri 26.7.2013. It fixes 11 October 2013 as the date of commencement of ss 3 to 110 of the Trans-Tasman Proceedings Act 2010. The Act streamlines the process for resolving civil proceedings with a trans-Tasman element in order to reduce costs and improve efficiency. It implemented into Australian…

Qld stamp duty: exemption for ‘farm-in’ transactions in the resources sector – Public Ruling [92]

The Qld Office of State Revenue (OSR) has issued Public Ruling DA000.12.1 (Transfer duty – exemption for farm-in transactions in the resources sector). The OSR says the Ruling implements the exemption for exploration and development expenditure occurring under a farm-in agreement as announced in the Qld Budget 2012-13. The Ruling publishes the terms of an…

Vic land tax: Ventura Motors Pty Ltd & Ors v Comr of State Revenue – land held by a lease and subject to land tax [86]

The Victorian Civil and Administrative Tribunal has affirmed a land tax reassessment issued to a taxpayer after concluding that documents were leases and not a licence. The Commissioner of State Revenue (Vic) had issued a reassessment to the first taxpayer for the 2007 to 2011 land tax years thereby increasing the taxpayer’s liability by $3m.…

WA payroll tax – Chamber of Commerce and Industry of WA (Inc) and Comr of State Revenue – interest on refund commencement of reassessment period determined [89]

The WA State Administrative Tribunal has made a determination concerning the payment of interest on a payroll tax refund owed to a taxpayer following an earlier successful application which had declared the taxpayer was a charitable body and therefore exempt from payroll tax. Essentially, the matter concerned the commencement date of the “reassessment period” in…

NSW payroll tax: Bilquip Pty Ltd & Ors v Chief Comr of State Revenue (NSW) (RD) – grouping decision affirmed – taxpayers lose appeal [85]

Three taxpayers (car dealership companies) have been unsuccessful before the Appeal Panel of the NSW Administrative Decisions Tribunal in their appeal against an earlier decision which had affirmed the Commissioner’s decision to group the taxpayers for the relevant years for payroll tax purposes. In August 2009, the Commissioner issued assessments grouping I Co and B Co for…

Vic stamp duty: aggregation provisions – draft Revenue Ruling [94]

The Victorian State Revenue Office (SRO) has issued for comment Draft Revenue Ruling Draft-DA-026v2 (Aggregation of dutiable transactions and the exception from aggregation for domestic builders where residential premises are to be constructed). The Draft Ruling proposes to clarify how the Commissioner will apply the aggregation provisions in s 24 of the Duties Act 2000 (Vic)…