Miscellaneous tax law, mining tax and resource tax changes: draft legislation [3]

Treasury has released for comment draft legislation and an EM which propose to make miscellaneous tax law amendments, including minor amendments to the Minerals Resource Rent Tax (MRRT) and Petroleum Resource Rent Tax (PRRT) legislation. The amendments seek to ensure the law operates as intended by correcting technical or drafting defects, removing anomalies and addressing…

ATO Taxation Statistics 2009-10 [O2]

The ATO on Mon 30.4.2012, released Taxation Statistics 2009-10<http://info-anz.thomson.com/t/11608540/105811750/92915/0/> which features data compiled from tax returns from the 2009-10 income year and other financial information provided in activity statements and other FBT, GST, and excise forms for the 2010-11 financial year. Highlights from the statistics for the 2009-10 year included: Personal tax: 12.4m individuals lodged…

*Vic stamp duty: Rulings and form updated for post-1 April 2012 reduction of period for payment of duty from 3 months to 30 days [St8]

The Victorian State Revenue Office (SRO) has revised a number of Revenue Rulings and a Form to reflect the recent legislative amendment to the Duties Act 2000 (Vic) to reduce the period for payment of duty for dutiable transactions and relevant acquisitions from 3 months to 30 days. The change came into effect for dutiable…

*WestNet Rail Holdings No 1 Pty Ltd & Anor v Comr of State Revenue – WA stamp duty: railway infrastructure rights not “land”, so rail freight company not a landholder and assessment of share transfer set aside [St7]

The WA State Administrative Tribunal has held a transfer of shares in a company which operated rail freight services in WA should not attract stamp duty as it found the company was not a “land-holder” for the purposes of s 76AP(2) of the Stamp Act 1921 (WA). In doing so, it found certain rights of…

Perry Properties Pty Ltd v Chief Comr of State Revenue (RD) – NSW land tax: boarding house exemption – taxpayer loses appeal [St6]

The Appeal Panel of the NSW Administrative Decisions Tribunal has dismissed a taxpayer’s appeal against an earlier decision which had ruled that the taxpayer was not entitled to a land tax exemption for “land used and occupied as a boarding house” under s 10Q of the Land Tax Management Act 1956 (NSW) for the 2007…

Comr of State Revenue v Challenger Listed Investments Ltd – Commissioner appealing to High Court – decision that acquisition of land-rich shares by trust is not dutiable (not beneficial owner) [St5]

The Commissioner of State Revenue (Vic) has lodged an application seeking special leave to appeal to the High Court against the decision of the Victorian Court of Appeal in Comr of State Revenue v Challenger Listed Investments Ltd [2011] VSCA 272. The Court of Appeal had dismissed the Commissioner’s appeal against the decision at first…

*Regis Investments Pty Ltd v Comr of State Revenue – Vic land rich provisions didn’t acquire to acquisition of shares by trustee (as per Landrow and Challenger decisions) [St4]

The Victorian Supreme Court has set aside a stamp duty assessment issued to a taxpayer under the land rich provisions of the Duties Act 2000 (Vic). The taxpayer was the trustee of an investment trust (“the Regis Trust”) and in that capacity acquired shares in a land rich company (RPA). The taxpayer commenced purchasing shares…