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Primary production land tax exemption denied for landowner that entered into a property development agreement
In the recent Victorian Civil and Administrative Tribunal (Tribunal) decision in Lavender Rain Pty Ltd v Commissioner of State Revenue (Review and Regulation) [2022] VCAT 1264 (Lavender Rain) the primary production land tax exemption for urban zoned land was denied on the basis that the land owning company operated a number of businesses, including the entering into a property development agreement.
Petroulis – Renting principal place of residence invalidates land tax exemption - Commissioner has no discretion
The recent Victorian Civil and Administrative Tribunal’s (Tribunal) decision in Petroulis v Commissioner of State Revenue [2022] VCAT 1054 dismissed the taxpayers’ request for review of the land tax assessments issued by the Commissioner.
If you own a property in Queensland and another state, your Queensland land tax bills will soon increase
The Queensland state government has recently introduced a number of changes to the manner in which state taxes are administered and collected in Queensland.
Thomas & Naaz Appeal - Payments to doctors subject to payroll tax
The recent New South Wales Civil and Administrative Tribunal Appeal Panel’s (Appeal Panel) decision in Thomas and Naaz Pty Ltd v Chief Commissioner of State Revenue [2022] NSWCATAP 220 dismissed the medical practice’s appeal and confirmed the New South Wales Civil and Administrative Tribunal’s (Tribunal) decision that payments from a medical practice to doctors who worked at the practice are subject to payroll tax.
Purchasers and Developers: duty is payable on late settlement interest
After a contract of sale becoming unconditional any delays in settlement may result in interest payable in accordance with the terms of the sale contract (Late Settlement Interest).
Significant changes to various New South Wales state taxes legislation – State Revenue and Fines Legislation Amendments (Miscellaneous) Act 2022 (NSW)
The State Revenue and Fines Legislation Amendments (Miscellaneous) Act 2022 (NSW) (Act) received Royal Assent on 19 May 2022.
2022 Victorian State Budget – Unannounced changes introduced to the Victorian tax regime
The 2022-2023 Victorian State Budget was delivered by the Victorian Government on 3 May 2022.
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.
A Guide To Understanding Land Tax: Part 1 Overview of Land Tax
What is land tax
Land tax is a state and territory tax. It is an annual tax that is levied by the state authorities of each state and territory based on the total taxable value of land held in the particular jurisdiction.
VCAT finds the sub-sale double duty provisions are triggered due to land development
The Victorian Civil and Administrative Tribunal’s (VCAT) decision in Hartman v Commissioner of State Revenue (Review and Regulation) [2022] VCAT 28 (Hartman Case) is a rare decision on the application of the sub-sale “double duty” provisions in the Duties Act 2000 (Vic) (Act).
Tribunal decision shows the difficulty of satisfying the primary production land tax exemption for farm land that is leased
The primary production land tax exemption remains an important concession for farmers and the owners of farm land. The Civil and Administrative Tribunal of New South Wales has added to the list of recent land tax cases offering insight into the application of the primary production land tax exemption.
A Guide To Understanding Land Tax: Part 2 Land held on Trust
What is land tax
Land tax is a state and territory tax. It is an annual tax that is levied by the state authorities of each state and territory based on the total taxable value of land held in the particular jurisdiction.
A Guide to Understanding Land Tax: Part 3 – Foreign (Absentee Owner) surcharge and the vacant residential land tax surcharge
As discussed in Part 1 and Part 2 of this series, land tax is a state and territory tax levied on the total taxable value of land held by taxpayers in particular jurisdictions. In the case of foreign owners who are deemed to be absent from their properties, additional land tax may be levied on the taxable value of such properties. In Victoria, the foreign person land tax surcharge is known as the absentee owner surcharge regime.
A Guide to Understanding Land Tax: Part 5 Valuations
As discussed in this Land Tax Series, land tax is a state and territory tax levied on the total taxable value of land held by taxpayers in particular jurisdictions. Land tax is assessed on a calendar year basis on the land you own at midnight on 31 December.
Windfall Gains Tax
Thomas Abraham, Senior Associate at Sladen Legal discusses the newly introduced Windfall Gains Tax in Victoria. The video outlines some key features of the new tax as well as discusses key variations to the tax as compared to when it was initially announced by the Victorian Government.
A guide to understanding Land Tax Part 6: Principal place of residence exemption
In this Part 6 in our series of articles on land tax we examine the principal place of residence (PPR) exemption and the requirements to satisfy the exemption under the Land Tax Act 2005 (Vic) (LTA).
A Guide to Understanding Land Tax: Part 7 - Primary Production Exemption
This is part 7 of our Land Tax Series which aims to deconstruct the various aspects of the complex land tax legislation.
A guide to understanding Land Tax Part 8: Charities, sporting clubs, not for profits and other exemptions
In this Part 8 in our series of articles on land tax we examine the charities exemption as well as some other exemptions under the Land Tax Act 2005 (Vic) (LTA).
A Guide to Understanding Land Tax: Part 9 – Objections
To recap: land tax is a state and territory tax levied on the total taxable value of land held by taxpayers in particular jurisdictions. Land tax is assessed on a calendar year basis on the land you own at midnight on 31 December.
Lotus Oaks Part 1 – Primary production land tax exemption - principal business is farming requirement
The recent Supreme Court of Victoria decision of Lotus Oaks Pty Ltd as trustee for the Bozzo Family Trust v Commissioner of State Revenue [2021] VSC 388 is significant as it provides further clarification on the application of the primary production land tax exemption for land located in greater Melbourne in an urban zone. This is part one in a series of three articles on this decision.