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Tax Highlights

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Archive for the ‘Tax Highlights’ Category

State Tax Developments 22

WA payroll tax: employees or independent contractors
30.01.2009

The Western Australian Court of Appeal has held that consultants engaged by a financial broking business called Mortgage Force Australia Pty Ltd (“MFA”) to act “as its agent for the purpose of seeking and conducting interviews with consumers, receiving applications from consumers and passing the applications to” MFA for processing by financial institutions were independent [...]

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Land rich provisions: Northern Territory
23.12.2008

The Northern Territory Court of Appeal, in allowing an appeal by the Commissioner of Northern Territory Revenue, has held that options held by the taxpayer to renew mineral leases in the Northern Territory were to be included in the value of the land held by the taxpayer for the purposes of applying the Northern Territory [...]

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Land rich provisions: Victoria
19.12.2008

The Supreme Court of Victoria (Mandie J) has held that the Victorian land rich provisions, as in force in June 2005, could not operate to impose duty on an acquisition of units in a unit trust (that was admittedly land rich) by the trustee of a discretionary trust because the units could not be said [...]

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Business asset: NSW
12.12.2008

A recent decision of Barrett J has considered the interpretation and operation of the “business asset” category of dutiable property under the Duties Act 1997 (NSW) (Gloria Jean’s Coffees International Pty Ltd v CCSR (NSW) [2008 NSWSC 1327).  Particular issues considered were the meaning of “goodwill”, the meaning of the “sale” of goods or services [...]

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Victorian anti-avoidance provisions
05.12.2008

The Duties Amendment Bill 2006 (Vic), which was introduced into the Victorian Parliament on 2 December 2008, contains amendments to overcome (which are to have effect from 21 November 2008) the decision in The Trust Company of Australia Ltd v CCSR (Vic) [2007] VSC 451 and the exploitation of long-term leases to avoid conveyance duty. [...]

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