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

2012-13 tax return forms, schedules, and accompanying guides released [129]

The Tax Office has released the following tax return forms, schedules and accompanying guides for the 2012-13 financial year: Tax Time 2013 – Information on key changes in 2012-13 Business industry codes 2013 CGT schedule 2013 Company tax return 2013 Consolidated group losses schedule 2013 Consolidated group losses schedule instructions 2013 Dividend and interest schedule…

NSW stamp duty: Zhuang & Ors v Chief Comr of State Revenue – new 20% purchaser lead to contract being taxed and transfer being taxed again [116]

The NSW Administrative Decisions Tribunal has held the “no double duty” concession under s 18 of the Duties Act 1997 (NSW) did not apply to a transfer of a property to 3 taxpayers. On 17 December 2009, 2 of the taxpayers, a married couple (BZ and JY) entered into a contract to buy a property. They subsequently wanted BZ’s…

NSW payroll tax: fees paid to golf professionals by golf clubs – Revenue Ruling revised to harmonized position on grouping Pro-shop business with Club [122]

The NSW Office of State Revenue (OSR) has issued Revenue Ruling No PTA013v2 (Fees paid to golf professionals by golf clubs). The OSR says the Ruling has been updated jointly by all jurisdictions to clarify the wording in the first paragraph under the heading “Grouping of the business of the golf professional and the golf…

ACT land tax: James & Comr for ACT Revenue (Administrative Review) – rental property – penalty for failure to notify Commissioner revised [111]

The ACT Civil and Administrative Tribunal has revised the penalty tax payable by 2 taxpayers in relation to a land tax default concerning a rental property for the period 1 July 2002 to 30 June 2012. In 2001, the taxpayers (a couple) purchased the property and leased it to the Defence Housing Authority. The lease was registered with the…

WA stamp duty: Motor Yacht Marine Holdings Pty Ltd v Comr of State Revenue – Commissioner’s assessment of 2.5% late lodgment penalty affirmed [121]

The WA State Administrative Tribunal has found that the Commissioner of State Revenue (WA) was correct to remit penalty tax to 2.5% of the primary tax liability imposed on a taxpayer for lodging an instrument 1 month and 2 days late. In 2010, the taxpayer entered into a contract to purchase a lease of Crown…