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…

NSW land tax: Reolon v Chief Comr of State Revenue – primary production exemption refused as dominant purpose leasing rental property [114]

In a decision handed down on Mon 6.5.2013, the NSW Administrative Decisions Tribunal affirmed a decision of the Chief Commissioner of State Revenue (NSW) refusing a taxpayer’s claim for the primary production land tax exemption for a rural property for the 2009 and 2011 land tax years. The taxpayer purchased the property in August 2008 and claimed…