In a decision handed down on Fri 29.6.2012, the Victorian Court of Appeal has allowed the Commissioner’s appeal against an earlier Victorian Supreme Court decision concerning the “land rich” provisions in Pt 2 of Ch 3 of the Duties Act 2000 (Vic). The Victorian Supreme Court had upheld a taxpayer’s appeal against the imposition of…
The NSW Court of Appeal has partly allowed the Commissioner’s appeal against an earlier NSW Supreme Court decision which had held that an administration services company and a transport company should not be grouped with a chicken supplier partnership for payroll tax purposes. The matter was first heard in the NSW Supreme Court which held…
The Victorian Civil and Administrative Tribunal has affirmed a 75% penalty imposed on a taxpayer in relation to a purchase of an investment property in respect of which the “off-the-plan” concession had been falsely claimed. The Tribunal heard the taxpayer had met an individual who had offered to sell her an apartment for $340,000 that…
The Appeal Panel of the NSW Administrative Decisions Tribunal has allowed the Commissioner’s appeal against an earlier decision, which had held that a property was “used and occupied” by a taxpayer as his principal place of residence for the 2004 to 2007 land tax years. The matter concerned a taxpayer who spent 6 weeks of…
The Pay-roll Tax Assessment Act 2002 (WA) will be amended to provide the WA Commissioner of State Revenue a discretion to exclude a member from a group from 1 July 2012, other than where employers are related to each other by virtue of s 50 of the Corporations Act 2001 (Cth). The WA Office of…
The following Bills have passed the Victorian Legislative Assembly without amendment and have moved to the Legislative Council: Duties Amendment (Landholder) Bill 2012 – proposes to amend the Duties Act 2000 (Vic) to give effect to the 2011-12 Victorian Budget proposal to adopt a landholder duty model from 1 July 2012. State Taxation Acts Amendment…
The Revenue Measures Bill 2012 (Tas) has passed the Tasmanian House of Assembly without amendment and has moved to the Legislative Council. The Bill was introduced on 19 June 2012 and proposes to implement the 2012 Tasmanian Budget proposals to: revise the conveyance duty rates and thresholds; increase duty on contracts of general insurance; increase…
The Treasury (Cost of Living) and Other Legislation Amendment Bill 2012 (Qld) has passed all stages of the Qld Parliament without amendment and now awaits Assent. The Bill amends the Payroll Tax Act 1971 (Qld) to increase the payroll tax exemption threshold from $1m to $1.1m from 1 July 2012. It also amends the Duties…
The State Revenue and Other Legislation Amendment (Budget Measures) Bill 2012 (NSW) has passed all stages without amendment and awaits Royal Assent. The Bill, among other things, amends the Duties Act 1997 (NSW) to implement the 2012-13 NSW Budget announcements to defer the abolition of certain duties and to make various changes to home buyer…
The following Bills have passed all stages of the ACT Legislative Assembly and await notification: – passed with an amendment, the Bill Duties (Landholders) Amendment Bill 2012amends the Duties Act 1999 (ACT) to “more closely” align the Territory’s landholder provisions with NSW. Date of effect: The amendments will commence on 1 July 2012. Duties Amendment…