Vic: landholder duty provisions – OSR guidance released [84]

The Victorian Office of State Revenue (OSR) has released the following publications on the new landholder duty provisions which commenced operation on 1 July 2012: Duties Act Bulletin DUT 2/12 (Duties Act 2000 – Landholder provisions); Revenue Rulings: ▪          DA.055 (Obligations on making a relevant acquisition and calculation of duty); ▪          DA.056 (Acquisitions of interests…

Chamber of Commerce v Industry of WA (Inc) v Comr of State Revenue – WA payroll tax: promotion of commerce a charitable purpose, so exemption allowed [81]

The WA Chamber of Commerce and Industry (the taxpayer) has been successful before the WA State Administrative Tribunal in seeking a payroll tax exemption, on the basis that it came within the definition of a charitable body or organisation for the purposes of the Pay-roll Tax Assessment Act 2002 (WA). The Commissioner had refused the…

Ashleigh Developments Pty Ltd v Chief Comr of State Revenue (RD) – NSW land tax: property developer did not get primary production exemption [80]

The Appeal Panel of the NSW Administrative Decisions Tribunal has dismissed a taxpayer’s appeal and affirmed an earlier decision refusing the taxpayer’s claim for the primary production land tax exemption for the 2007 to 2010 land tax years. In 2006, the taxpayer purchased a block of land from a farmer. The evident purpose of the…

Comr of State Revenue v Australand Investments Pty Ltd – Vic land rich provisions apply differently to 2 similar transactions – depending on whether transitional provisions applied [79]

In a decision handed down on Fri 13.7.2012, the Victorian Court of Appeal, by majority, affirmed a decision made by the Victorian Supreme Court in favour of a taxpayer regarding the application of the “land rich provisions” under Ch 3 of the Duties Act 2000 (Vic) in relation to a stapling transaction in October 2005…

Roman Catholic Church Trust Corporation of the Archdiocese of Hobart v Comr of State Revenue – Tas stamp duty: transfer of school plant and equipment not a “gift” [78]

The Tasmanian Supreme Court has affirmed that a transfer of plant and equipment of a school to a taxpayer was not a “gift” and therefore denied the exemption under s 53(n)(i) of the Duties Act 2000 (Tas). The property was transferred by an incorporated association of the school to the taxpayer by way of a…

EK Anderson Investments Pty Ltd ATF CACS Property Trust v Chief Comr of State Revenue – NSW land tax: taxpayer under obligation to inform Commissioner of special trust [77]

The NSW Administrative Decisions Tribunal has affirmed the Commissioner’s decision to reassess a taxpayer for land tax for the 2007 to 2011 land tax years on the basis that the subject land was held by a special trust and that the taxpayer was not entitled to the tax-free threshold which had previously been allowed. The…