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

WA stamp duty: Hazel Holdings Pty Ltd and Comr of State Revenue – taxpayer’s valuation as a single sale of 32 lots preferred for duty purposes [88]

A taxpayer has been successful before the WA State Administrative Tribunal in a matter concerning how, for the purposes of assessment of duty, the value of a transaction involving a single sale of 32 lots of residential land should be determined. The WA Commissioner of State Revenue contended that the dutiable value of the transaction…

NSW land tax – Metricon Qld Pty Ltd v Chief Comr of State Revenue – reassessment not invalidated by existing proceedings before Tribunal [84]

The NSW Supreme Court has held a land tax reassessment issued to a taxpayer was valid, despite the reassessment being made after the taxpayer began proceedings for review in relation to the initial assessment in the NSW Administrative Decisions Tribunal. Broadly, the matter concerned a dispute relating to whether the primary production land tax exemption…

NSW stamp duty – Al-Saeed & Associates Pty Ltd ATF Al-Saeed Education and Welfare Trust v Chief Comr of State Revenue – trust deed dutiable as a “declaration of trust” [83]

The NSW Administrative Decisions Tribunal has affirmed the Commissioner’s decision to assess to duty a Trust Deed on the basis that the Trust Deed comprised a “declaration of trust” over a property. The Tribunal heard details of the subject Trust Deed, which, among other things, recited that the Trustee (being the taxpayer) “wished to acquire…

NT Budget Bill receives Assent [78]

The Revenue Legislation Amendment Bill 2013 (NT) received Assent on 28 June 2013 as Act No 20 of 2013. It had passed all stages without amendment and implements the NT Budget 2013-14 proposals to protect the Territory’s mineral royalty regime contained in the Mineral Royal Act (NT). It also contains other minor amendments to the Payroll Tax…

Vic land tax: Decleah Investments Pty Ltd v Comr of State Revenue – land developer deemed owner of land [87]

The Victorian Civil and Administrative Tribunal has affirmed land tax assessments issued to a taxpayer after concluding the taxpayer was the deemed owner of the subject land at the relevant times. The taxpayer was a land developer and was the registered owner of various parcels of land. The Commissioner had assessed the taxpayer to land…

Commercial law course requirement removed for tax agents who were registered under State Tax Agents’ Boards – TASA amending regs [72]

The Tax Practitioners Board (TPB) has advised that recent changes to the Tax Agent Services Regulations 2009 (TASR) mean that some tax agents will not need to complete a Board approved course in commercial law. However, this change does not affect individuals who became registered as a tax agent for the first time from 1 March 2010.…