State Tax

Significant changes to Victorian land tax assessments to result in higher land tax bills

Significant changes to Victorian land tax assessments to result in higher land tax bills

Land tax assessments are now being issued in Victoria, with landowners finding their land tax bills to be substantially higher than expected, due to significant changes from 1 January 2024.  Hundreds of thousands of taxpayers will also be receiving land tax assessments for the first time altogether.

Khalil - Discretionary trust triggers foreign land tax surcharge due to incorrectly drafted exclusionary clause

Khalil - Discretionary trust triggers foreign land tax surcharge due to incorrectly drafted exclusionary clause

This is a cautionary tale for ensuring that discretionary trust deeds are amended correctly so that “foreign” land transfer (stamp) duty and land tax surcharges are not triggered. Unfortunately, in the decision of Khalil & Associates Pty Ltd ATF The George Khalil Family Trust v Chief Commissioner of State Revenue [2024] NSWCATAD 23 (Khalil), the NSW Civil and Administrative Tribunal (Tribunal) found the particular amendment did not prevent the triggering of such a surcharge.

Are Foreign Surcharge Stamp Duty and Land Taxes Illegal?

Are Foreign Surcharge Stamp Duty and Land Taxes Illegal?

The Federal Government’s Mid-Year Economic and Financial Outlook 2023-24 (MYEFO) (released on 13 December 2023) has again raised the legality of the ability of the States to impose foreign purchaser land transfer (stamp) duty surcharge and foreign owner land tax (together, the foreign surcharges).

Payroll tax crackdown on medical and allied health practices continues – revenue authorities release rulings

Payroll tax crackdown on medical and allied health practices continues  – revenue authorities release rulings

Employers and business entities must pay payroll tax in relation to wages paid to its employees. In addition, such entities must pay payroll tax in relation to contractors engaged under “relevant contracts”.

Vicinity Funds – Choice of forum for state taxes matters - Supreme Court vs VCAT

Vicinity Funds – Choice of forum for state taxes matters - Supreme Court vs VCAT

The High Court of Australia has dismissed the special leave application by the taxpayer, Vicinity Funds Re Ltd (Taxpayer) to appeal from a decision of the Court of Appeal of the Supreme Court of Victoria (Court of Appeal).   

Horse breeding found to qualify for the primary production land tax exemption

Horse breeding found to qualify for the primary production land tax exemption

The NSW Supreme Court’s (NSWSC) decision in Godolphin Australia Pty Ltd v Chief Commissioner of State Revenue [2022] NSWSC 430 (Godolphin Case) is instructive as it provides guidance into the ambit and scope of the land tax primary production exemption particularly in relation to the breeding of horses.

Sladen Snippet – Mental Health and Wellbeing surcharge on businesses with more than $10 million wages

Sladen Snippet – Mental Health and Wellbeing surcharge on businesses with more than $10 million wages

The Mental Health and Wellbeing surcharge will commence from 1 January 2022 and is payable on Victorian taxable wages paid or payable from 1 January 2022 by an employer or a group of employers.

A Guide To Understanding Land Tax: Part 4 Aggregation, Grouping and “Degrouping”

A Guide To Understanding Land Tax: Part 4 Aggregation, Grouping and “Degrouping”

As discussed in Part 1 and Part 2 of this series, land tax is levied on the total taxable value of land held by a taxpayer in a particular jurisdiction. Land tax is then levied on a progressive graduated scale. That is, the higher the value of land that you own the higher the rate of land tax you pay.

COVID and State Taxes: What Victorians need to know in 2021

COVID and State Taxes: What Victorians need to know in 2021

The coronvirus pandemic continues to have an impact on the health of Victorians and the econmy of the State. In recognition the Victorian Government continues to provide a number of state tax and duty relief measures to assist Victorians with the economic impact of the pandemic.

Sladen snippet – Land tax surcharge triggered due to defective saving clause in the trust deed

Sladen snippet – Land tax surcharge triggered due to defective saving clause in the trust deed

Many state and federal taxing provisions provide different tax outcomes on the trustees of trusts depending on what type of trust is involved. One example of this is contained in the NSW land tax rules which provides for a land tax surcharge on unit trusts that are “special trusts” rather than “fixed trusts”.

Payroll Tax Series - Part 4 - The payroll tax nexus provisions

Payroll Tax Series - Part 4 - The payroll tax nexus provisions

Where services are performed wholly in one Australian jurisdiction, payroll tax will be payable in that jurisdiction. For example Aaron is a receptionist and fully performs his job at an office in regional Victoria. His employer qualifies for payroll tax being charged at the regional rate, Aaron’s wages will be payable in Victoria at regional rates.

Payroll Tax Series – Part 5 – Victorian concessional regional rates

Payroll Tax Series – Part 5 – Victorian concessional regional rates

Thousands of businesses across regional Victoria have already taken advantage of the Victorian Government’s regional payroll tax cuts, which have saved businesses more than $31 million in the first financial year it was introduced.

Sladen Snippet - Court allows trustee to amend trust deed to exclude foreign beneficiaries to avoid land tax surcharge

Sladen Snippet - Court allows trustee to amend trust deed to exclude foreign beneficiaries to avoid land tax surcharge

Many states now have foreign land tax surcharges that apply to foreign persons including trustee of foreign trusts. As a result many trustees will consider amending their trust deeds to ensure that they don’t inadvertently trigger such surcharges.

Payroll Tax Series – Part 6 - Contractors

Payroll Tax Series – Part 6 - Contractors

Payroll tax captures not only wages paid to employees but also certain payments made to contractors. In this part 6 of our payroll tax series, we look at what is a contractor and what payments to contractors are caught by the payroll tax regime. In part 7 we will examine the exemptions that apply to contractors.

Payroll Tax Series – Part 7 - Contractor Exemptions

Payroll Tax Series – Part 7 - Contractor Exemptions

As follow on from part 6 of our payroll tax series, where we identified when payments to contractors will be caught by the payroll tax system, in this article we consider the various exemptions that can apply to such payments to contactors. Importantly, if any of these exemptions apply, such payments to contractors will not be subject to payroll tax.