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State Taxes

In an area where increasingly complex legislative and administrative requirements are being introduced and state revenue authorities are becoming more active, Sladen Legal has the expertise to assist clients with navigating the state taxes maze.

Land Transfer (Stamp) Duty

Landholder Duty

Payroll Tax

Economic Entitlement

Land Tax

Foreign Surcharges

Disputes

Growth Area Infrastructure Contribution

 

We regularly liaise with external regulatory bodies to ensure that our clients receive the best and most comprehensive state taxes outcomes and advice. In addition, our expert knowledge of the laws relating to federal taxes, superannuation, trusts, estate planning and property allows us to provide holistic state taxes and federal tax advice for businesses and landowners.

Contact

tax@sladen.com.au

+61 3 9611 0193
 

 

Land transfer (stamp) duty

With detailed provisions that vary from state to state, land transfer (stamp duty) is becoming an increasingly complex area of law for many businesses. Our State Taxes Team have extensive experience with assisting private enterprise with land transfer (stamp) duty matters and apply their expert technical and procedural knowledge to help businesses understand and manage this complex area of law.

Land transfer (stamp) duty is a tax imposed by governments in all Australian States and Territories on the sale or transfer of certain assets. The specific assets subject to duty will depend on the jurisdiction in which they are located. This may include:

  • shares and units;

  • land and buildings;

  • leasehold improvements;

  • items fixed to land;

  • goodwill and intellectual property;

  • a debt of a business;

  • chattels; and

  • trading stock and plant and equipment.

Each jurisdiction also has its own Revenue Authority which applies different rates of duty, different time frames for compliance and different legislation. These varieties can create a great deal of confusion for taxpayers.

Our State Taxes Team are comprised of specialists in land transfer (stamp) duty. We constantly provide our updated industry thoughts here and are ready to help you navigate these complex provisions. We can assist you by:

  • providing holistic restructuring, mergers and acquisition business and tax advice in light of potential risks, liabilities and exposures;

  • helping you understand your correct land transfer (stamp) duty liabilities, including any eligible exemptions and your obligations;

  • manage the investigations, objections and/or disputes process with revenue authorities;

  • preparing legal submissions, objections and appeals;

  • preparing applications to Treasury for ex-gratia relief in cases where duty imposed is creating significant financial hardship.

Payroll Tax

With broad reaching provisions and increasing data matching capabilities of revenue offices, payroll tax is a difficult area of state tax law which businesses cannot overlook. Our State Taxes Team are passionate supporters of private enterprise and apply expert technical and procedural knowledge to help businesses understand and manage this complex area of law.

Payroll tax is a self-assessed tax imposed by governments in all Australian states and territories. The tax is imposed on wages paid, or payable to, employees where combined those payments exceed the relevant state and/or Australian wide thresholds. The rates and thresholds impose vary between states and territories.

Sladen Legal’s specialist State Taxes team continually provide updated industry thoughts here.

We have expert knowledge in the payroll tax provisions and can help you:

  • understand your liability to payroll tax and relevant compliance dates;

  • assess whether wages paid to employees are correctly considered for payroll tax purposes;  

  • review contractors and if any contractor exemptions apply;

  • review other taxable arrangements under the employment agency provisions;

  • prepare applications to access payroll tax exemptions;

  • manage payroll tax investigations, objections and disputes with revenue authorities;

  • review your business structure to determine the application of the grouping provisions; and

  • prepare applications to revenue authorities requesting de-grouping of entities for payroll tax purposes.

Land Tax

For investors, changes in land tax obligations can be an unwanted surprise that can significantly affect a business’s viability.  Our State Tax Team have a comprehensive understanding of these provisions and work diligently to help private enterprises manage, mitigate and understand their obligations.

Land tax is an annual tax levied by revenue authorities on the unimproved value of land. The amount of land tax payable will depend on the land held, specifically:

  • the type of land;

  • what you use that land for;

  • the value of the land; and

  • your residency status.

Our State Tax Team regularly provide our updated industry thoughts here.

We have in-depth knowledge in land tax and an understanding of the valuation processes taken by revenue authorities in determining these liabilities. We apply our expertise in helping you:

  • understand your land tax assessment;

  • review the validity of the assessment;

  • manage land tax investigations, objections and disputes with revenue authorities; and

  • apply for eligible exemptions from land tax.

Disputes

We have extensive experience acting for private enterprise in disputes with Revenue Authorities in a range of state taxes matters (in particular, land transfer (stamp) duty, landholder duty, payroll tax and land tax.  Our experience, technical and procedural knowledge to strategically manage and resolve revenue office investigations, negotiations and litigation.

Our State Taxes Team are leaders in their field and are committed to developing innovative resolutions to state tax disputes. They offer a wealth of experience and knowledge in substantive state revenue laws, policies and procedures, taxation administrative law, judicial administrative law and tribunal and court rules.

In all tax disputes we adopt a collaborative approach to ensure that we remain dedicated to managing risk and minimising disruption to your business throughout conduct and life of the tax dispute.

We provide state tax dispute advice and services in the following areas:

  • responding and managing investigations by state and revenue authorities;

  • objecting to tax assessments;  

  • penalty and interest remission applications;

  • settlement negotiations via dispute resolution mechanisms including mediation and compromise assessments;

  • freedom of Information applications; and

  • administrative reviews and court appeals.

 

Landholder duty

The landholder provisions are a complex area of state taxes and are increasingly becoming a compliance of focus for revenue authorities. Our State Taxes Team have expert knowledge in this area and provide comprehensive advice in this area to help you and your business manage these obligations.

The landholder regime was introduced as an anti-avoidance measure on acquisitions made in companies or unit trusts which hold lands in the particular jurisdiction. Generally, in order to fall within the regime an entity must have land holdings with an unencumbered value above a certain value as set out in each state and territory’s legislation.

Our State Taxes Team regularly provide updated industry thoughts here and have published a Landholder Series which includes the following topics:

We have a comprehensive knowledge of the landholder regime and can help your business to identify, mitigate and manage these liabilities and can help you:

  • by providing holistic federal and state tax planning and consulting tax and restructuring advice;

  • apply for rulings on the landholder provisions;

  • apply for landholder duty exemptions, such as corporate reconstruction exemptions; and

  • manage investigations, objections and disputes with revenue authorities.

 

Economic Entitlement

The Victorian Economic Entitlement provisions can affect any businesses connected with property developments and sales. Our State Taxes and Property Teams have an in-depth understanding of the hurdles faced by developers and investors in land. Our teams help our clients decode these complexities and what they mean for businesses.

The Victorian Economic Entitlement provisions were introduced to create an additional ‘head of duty’ and are contained within land transfer (stamp) duty and landholder duty rules. The provisions impose duty on any acquisition of a right to participate directly or indirectly or with reference to any entitlement or income, rents profits, capital growth or proceeds of sale of any Victorian land valued at $1 million and over.

Our Tax and Property Teams are specialists in providing advice to property developers, investors and landholders and continually provide our updated industry thoughts here.

Working collaboratively with our Property Team, the State Taxes team can provide holistic advice to help you:

  • understand your obligations, liabilities and options from all perspectives;

  • comply with all obligations;

  • managing your duty liabilities; and

  • managing any investigations, objections and disputes with revenue authorities.

 

Growth Area Infrastructure Contribution

 

Developers and investors are exposed to an increasing list of state liabilities, including a one-off growth area infrastructure contribution (GAIC). Our State Tax Team, working collaboratively with our Federal Tax and Property Teams have a deep understanding of the hurdles faced by developers and investors in land and help our clients manage, plan for and understand their options and obligations.

GAIC is a one off contribution payable on certain events occurring typically associated with urban property development, including buying subdividing and applying for a building permit on large land.

Our Tax and Property Teams are specialists in providing advice to property developers, investors and landholders and regularly provide our updated industry thoughts here.

We have expertise in GAIC, other State and Income Tax and property issues that need to be considered holistically and therefore we help you:

  • understand your obligations, liabilities and options from all perspective;

  • exercise your best options from a holistic perspective;

  • comply with all obligations;

  • managing your GAIC liabilities;

  • applying for an exemption or deferring your GAIC liabilities; and

  • managing any investigations, objections and disputes with revenue authorities.

 

Key Contacts