Landholder duty

Oliver Hume Appeal - Victorian Landholder Duty Applies on Capital Raising

Oliver Hume Appeal - Victorian Landholder Duty Applies on Capital Raising

On 8 August 2024, the Victorian Court of Appeal in Oliver Hume Property Funds (Broad Gully Rd) Diamond Creek Pty Ltd v Commissioner of State Revenue [2024] VSCA 175 confirmed that landholder duty applied on the separate acquisition of shares by 18 investors under a single capital raising.  The Court held that that capital raising amounted to substantially one arrangement and therefore was a relevant acquisition for landholder duty purposes.

Tao - Becoming a sole director of a corporate trustee triggers landholder duty despite no acquisition of units in a unit trust

Tao - Becoming a sole director of a corporate trustee triggers landholder duty despite no acquisition of units in a unit trust

The VCAT decision of Tao v Commissioner of State Revenue (Review and Regulation) [2024] VCAT 637 has confirmed the breadth of the Victorian landholder duty change of control provisions - despite no acquisition of units in a unit trust.

Razzy Part 3 – what is ‘in connection with’ ceasing to be a member of a super fund for the section 40 duty exemption?

Razzy Part 3 – what is ‘in connection with’ ceasing to be a member of a super fund for the section 40 duty exemption?

This final part of our 3 part series on the decision of Razzy Australia Pty Ltd & Anor v Commissioner of State Revenue [2021] VSC 124 looks at the requirement under the super fund to super fund duty exemption (as contained in section 40 of the Duties Act 2000 (Vic) (Act)) that a person ceases to be a member of a complying superannuation

Razzy Part 2 – Does the super fund to super fund duty exemption apply to the redemption of units?

Razzy Part 2 – Does the super fund to super fund duty exemption apply to the redemption of units?

In this part 2 of our series on the decision of Razzy Australia Pty Ltd & Anor v Commissioner of State Revenue [2021] VSC 124 we look at whether the exemption in section 40 of the Duties Act 2000 (Vic) (Act) includes transactions other than transfers.

Razzy Part 1 – Are exempt transfers aggregated for landholder duty?

Razzy Part 1 – Are exempt transfers aggregated for landholder duty?

The recent Supreme Court of Victoria decision of Razzy Australia Pty Ltd & Anor v Commissioner of State Revenue [2021] VSC 124 is a seminal decision as it provides much sought clarification on the application of various aspects of Chapter 3 of the Duties Act 2000 (Vic) (Act)

Sladen snippet – does your discretionary trust hold residential land in NSW? If so, you may need to amend its deed by 31 December 2019

Sladen snippet – does your discretionary trust hold residential land in NSW? If so, you may need to amend its deed by 31 December 2019

As outlined in our previous article, under the proposed changes to New South Wales land tax and duty legislation, a trustee of a discretionary trust (including testamentary trusts) will be deemed to be a “foreign trust” if the terms of the trust do not prevent a foreign person from being a beneficiary of the discretionary trust. Importantly, these changes are proposed to have retrospective effect to the 2017, 2018 and 2019 land tax years and can catch dutiable transactions back to 21 June 2016.

Sladen Snippet - Victorian Budget 2019/20 – Royal Assent is received

Sladen Snippet - Victorian Budget 2019/20 – Royal Assent is received

The State Taxation Acts Amendment Bill 2019 (Vic) has received royal assent on 18 June 2019. Following this, the measures outlined below will take effect from 19 June 2019

Sladen Snippet - Victorian Budget 2019/20 – Increase of foreign duty and land tax surcharges

Sladen Snippet - Victorian Budget 2019/20 – Increase of foreign duty and land tax surcharges

As set out in the recent controversial Victorian Budget, the State Taxation Acts Amendment Bill 2019 (Vic) contains amendments directly impacting any foreign persons or entities holding Victorian properties.

Is this the death of property development agreements? – The new Victorian economic entitlement provisions

Is this the death of property development agreements? – The new Victorian economic entitlement provisions

The 2019 Victorian budget contained a sleeper in the form of the amendments to the Victorian economic entitlement provisions.

Regional Victoria Wins; Foreigners, Developers and Others Lose – Tax Measures In Victorian 2019/20 State Budget

Regional Victoria Wins; Foreigners, Developers and Others Lose – Tax Measures In Victorian 2019/20 State Budget

The Victorian 2019/20 State Budget was announced yesterday, with positive wins for Regional Victoria. The proposed measures contain an increase in taxes for foreigners holding property in Victoria, as well as measures broadening the application of land transfer (stamp) duty.

Landholder Duty - Part 5 – Acquisitions of Economic Entitlement

Landholder Duty - Part 5 – Acquisitions of Economic Entitlement

In Parts 1-4 of this series, we discussed the landholder duty provisions, with a particular focus on Victorian landholder duty. In this part we continue to delve into the complex landholder provisions, with a focus on the principle of an acquisitions of economic entitlement.

Living and Leisure: Victorian leases and the State tax implications

Living and Leisure: Victorian leases and the State tax implications

The Victorian Court of Appeal in its recent decision of Living and Leisure Australia Pty Ltd vs Commissioner of State Revenue (Living and Leisure) dismissed the appeal by the taxpayers and upheld the Victorian Supreme Court’s conclusion that the contended leases in respect of Crown lands within the alpine resorts granted exclusive possession and were leases.