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).
Sladen Snippet - Electronic Execution of Company Documents Now Permanent
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.
Fixed trusts and NALI
A Guide To Understanding Land Tax: Part 2 Land held on Trust
Guardian AIT: section 100A – the end of the beginning?
Super contributions payable to contractor plumber - a call for action for businesses
In the recent Australian Administrative Tribunal (AAT) decision of Trustee for Virdis Family Trust t/a Rickard Heating Pty Ltd v FC of T [2022] AATA 3, the AAT relied on the decision in Dental Corporation Pty Ltd v Moffet [2020] FCAFC 118 (Moffet) to find that a plumber who was engaged as a contractor was an employee for the purposes of the Superannuation Guarantee (Administration) Act 1992 (SG Act).
Appointors: The Problem Of Incapacity
Sladen Snippet - ATO decision impact statement on Addy ‘backpacker tax’ case
We have previously discussed Addy v FCT [2021] HCA 34 here. In this case, the High Court unanimously allowed Ms Addy’s appeal and found that a UK working holiday visa holder, who was a tax resident of Australia, was entitled to the tax-free threshold and taxation at the rate that applied to Australian resident nationals.
PCG 2021/4: the beginning of a ‘new world order’ for professional firm profits?
Landholder Duty Aggregation
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.
Sladen Snippet – Mental Health and Wellbeing surcharge on businesses with more than $10 million wages
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.
CGT Liability Of Foreign Beneficiaries
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.
Tribunal upholds penalties for an SMSF’s breach of the borrowing restrictions
In the recent decision of FYYB v FC of T 2021 ATC 10-592; [2021] AATA 3567, 5 October 2021, the Australian Administrative Tribunal (AAT) affirmed the Commissioner of Taxation’s (Commissioner) decision to disallow an objection by the taxpayer to an administrative penalty of $7,500 imposed on a self managed superannuation fund (Fund) under the Superannuation Industry (Supervision) Act 1993 (Cth) (SIS Act).
Sladen Legal Has Moved Up!
Addy – taxpayer successful in the ‘backpacker tax’ case
The High Court recently allowed the taxpayer’s appeal in the case of Addy v FCT [2021] HCA 34 that concerned the so-called ‘backpacker tax’.