The WA Commissioner of State Revenue has been unsuccessful before the WA Supreme Court in appealing against an earlier decision which had allowed a retired couple’s claim for the principal place of residence (PPR) exemption despite their home being leased out for a short-term period. In 2011, the retired couple went on an extended holiday…
The Victorian Supreme Court has granted 11 taxpayers leave to appeal (and thereby treated the application as an appeal) on a limited basis from the orders of the Victorian Civil and Administrative Tribunal. The Tribunal had affirmed the decisions of the Commissioner to disallow the taxpayers’ objections to assessments of land tax and duty. The…
The Victorian Civil and Administrative Tribunal has affirmed a stamp duty assessment issued to husband and wife taxpayers (parents) in relation to the family home transferred to them by their children. On 25 September 1995, the children (2 young adults) signed a contract to purchase the property for $505,000. The family all lived in the…
The Qld Civil and Administrative Tribunal has dismissed a taxpayer’s application for review of the Commissioner’s decision to refuse a home transfer concession as it was lodged out of time. The Commissioner had issued a reassessment of duty against which the taxpayer objected. The taxpayer received notice of Commissioner’s objection decision on 1 February 2012.…
The High Court on Fri 16.11.2012, refused the taxpayer’s application for special leave to appeal against the NSW Court of Appeal decision in Chief Comr of State Revenue v Tasty Chicks Pty Ltd [2012] NSWCA 181. The NSW Court of Appeal had partly allowed the Commissioner’s appeal against an earlier NSW Supreme Court decision which…
The ACT Civil & Administrative Tribunal has affirmed that a “new lease” executed on 9 May 2010, after the date mentioned in s 150A of the Duties Act 1999 (ACT) of 30 June 2009, was chargeable with duty under the transitional provisions of s 421 of the Duties Act. In September 2004, the taxpayer entered into an agreement to lease a property to…
The State Taxation and Other Acts Amendment Bill 2012 (Vic) has passed the Victorian Legislative Assembly without amendment and has moved to the Legislative Council. It proposes to amend the Land Tax Act 2005 (Vic) to ensure that the principal place of residence exemption operates as intended and to restrict the amount of unpaid land…
The Taxation Legislation (Miscellaneous Amendments) Bill 2012 (Tas) has passed the Tasmanian House of Assembly without amendment and has moved to the Legislative Council. It proposes amendments to various Tasmanian Acts. Key amendments include: Duties Act 2001: amendments to the Duties Act to clarify that the granting, transfer or surrender of a lease attracts duty,…
The Payroll Tax (Miscellaneous) Amendment Bill 2012 (SA) has passed all stages of the SA Parliament without amendment and awaits Assent. It contains 2 amendments to the Payroll Tax Act 2009 (SA) to maintain payroll tax harmonisation with other jurisdictions. The first amendment amends the employee share scheme provisions to reflect amended Commonwealth legislation. The…
The Statutes Amendment and Repeal (Budget 2012) (No 2) Bill 2012 was introduced into the SA Legislative Assembly on 1 November 2012. It proposes to amend the Stamp Duties Act 1923 (SA) to introduce a stamp duty concession announced in the 2012-13 SA Budget that will apply for the next 4 years for purchases of…