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

NSW land tax: Vowles Properties Pty Ltd v Chief Comr of State Revenue – primary production land tax exemption denied [91]

A taxpayer has been unsuccessful before the NSW Civil and Administrative Tribunal in seeking to claim the primary production land tax exemption for a property for the 2009 to 2012 land tax years. The Commissioner had issued land tax assessments for 2 properties for which the taxpayer claimed the land tax exemption. However, before the…

NSW land tax: Vartuli & Anor v Chief Comr of State Revenue – primary production land tax exemption refused [90]

Two taxpayers (a couple) have been unsuccessful before the NSW Supreme Court in seeking the primary production land tax exemption in respect of a property pursuant to s 10AA(2) of the Land Tax Management Act1956 (NSW). The taxpayers purchased the land in November 1985. Since then they, or companies controlled by them, have conducted a small cattle-farming business…

WA: Taxation Legislation Amendment Bill 2014 introduced to narrow the definition of ‘fourth limb’ charities – so ‘Chamber of Commerce’ can’t qualify [89]

The Taxation Legislation Amendment Bill 2014 (WA) was introduced into the WA Legislative Assembly on Thur 26.6.2014. It proposes to amend the Duties Act 2008 (WA), Land Tax Assessment Act 2002 (WA), Pay-roll Tax Assessment Act 2002 (WA), and Taxation Administration Act 2003 (WA), to improve the efficacy of existing WA tax exemptions for charitable…

Qld Budget 2014-15: family farm succession planning; home land tax exemption; etc [85]

The Qld Budget 2014-15 was handed down on Tue 3.6.2014. Key Budget announcements include: Family primary production business transfer duty concession – from 1 July 2014, the Family Primary Production Concession will be extended. Currently, the concession is limited to lineal descendants, most often this is parent to child. The requirement of a direct lineal descendant will…

NSW Budget 2014-15: abolition of business taxes; WorkCover; first homebuyers [84]

The NSW Budget 2014-15 was handed down on Tue 17.6.2014. NSW Treasurer, Andrew Constance, announced the following revenue measures: Stamp duty – business taxes to be abolished – from 1 July 2016, the NSW Government will abolish stamp duty on business mortgages, unlisted marketable securities and transfer duty on non-real business transfers. Enhanced revenue compliance activity –…

Ayles v Tax Practitioners Board – Court confirms refusal to register – humanities degree not relevant [82]

The Federal Court has dismissed an applicant’s appeal from the decision in AAT Case [2014] AATA 112, Re Ayles and Tax Practitioners Board in which the AAT refused his application for registration as a tax agent on the basis that the applicant did not satisfy the necessary tertiary qualification experience which, according to the AAT,…