Duty payable on discharge of vendor’s debt by purchaser of land

Duty payable on discharge of vendor’s debt by purchaser of land

In the recent decision of Gulliman Pty Ltd v Commissioner of State Revenue [2020] VCAT 804, the Victorian Civil and Administrative Tribunal (Tribunal) held that the discharge of debt owed by vendor to purchaser in respect of previous transaction amounts to non-monetary consideration and, therefore, was subject to land transfer (stamp) duty.

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Sladen snippet - dentist found to be “employee” for the purposes of superannuation guarantee

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Sladen snippet - dentist found to be “employee” for the purposes of superannuation guarantee

In the recent decision of Dental Corporation Pty Ltd v Moffet [2020] FCAFC 118 (16 June 2020) , the Full Federal Court found that a dentist fell within the extended definition of ‘employee’ under s12(3) of the Superannuation Guarantee (Administration) Act 1992 (Cth) (SG Act). Section 12(3) broadly provides that an employee is a person who is working ‘under a contract that is wholly or principally for the labour of the person.’

A Guide To Understanding Payroll Tax Part 1: The Basics

A Guide To Understanding Payroll Tax Part 1: The Basics

Payroll tax is a state and territory tax. It is assessed where total Australian taxable wages paid or payable to employees by an employer exceed specific thresholds. The tax is self-assessed and as such the obligation falls to employers to ensure they are aware of their total wage bill across Australian states and territories and whether those are taxable.

Court determines payments to a contractor not subject to payroll tax as services found to be ancillary to the supply or use of the goods

Court determines payments to a contractor not subject to payroll tax as services found to be ancillary to the supply or use of the goods

Payments made to independent contractors, under “relevant contracts”, are subject to payroll tax under the Payroll Tax Act 2007 (Vic) unless an exemption applies.

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Judge sets aside contributions to SMSF as part of family law proceedings

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Judge sets aside contributions to SMSF as part of family law proceedings

In the recent decision of R -v- T [2020] WASCA 109, the Western Australia (WA) Court of Appeal has upheld interim property orders of the WA Family Court to set aside contributions made by a de facto husband to an SMSF.

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Sladen Snippet – Taxpayer Appeals Federal Court Decision in Eichmann

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Sladen Snippet – Taxpayer Appeals Federal Court Decision in Eichmann

In our earlier article, we noted the Federal Court in FCT v Eichmann [2019] FCA 2155 (Eichman) in late 2019 had found in favour of the Australian Taxation Office (ATO) (appealing a decision of the Administrative Appeals Tribunal) and held land used for storage was not an active asset for the purposes of the small business capital gains tax (CGT) concessions in Division 152 of the Income Tax Assessment Act 1997 (ITAA 1997).

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Managing Tax and Revenue Office Audits During COVID-19

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Managing Tax and Revenue Office Audits During COVID-19

As the impact of COVID-19 continues to be felt across Australia, federal and state governments continue to take measures to stimulate the economy and provide financial assistance to taxpayers.

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Sladen Snippet - VCAT rules land being prepared for primary production and denies exemption from land tax

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Sladen Snippet - VCAT rules land being prepared for primary production and denies exemption from land tax

Most Victorian farmers who are using Victorian land solely or primarily for primary production purposes are aware of the primary production land tax exemptions under section 65, 66 or 67 (Primary Production Land Exemptions) of the Land Tax Act 2005 (the Act).

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Sladen Snippet –Trust deeds of discretionary trusts holding NSW residential land must now be amended before 31 December 2020 to avoid foreign surcharges

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Sladen Snippet –Trust deeds of discretionary trusts holding NSW residential land must now be amended before 31 December 2020 to avoid foreign surcharges

As referred to in our previous articles, the State Revenue Legislation Further Amendment Bill 2020 (NSW) has now received royal assent on 24 June 2020.