A Guide to Understanding Land Tax: Part 3 – Foreign (Absentee Owner) surcharge and the vacant residential land tax surcharge

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 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.

A Guide to Understanding Land Tax: Part 5 Valuations

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.

A guide to understanding Land Tax Part 6: Principal place of residence exemption

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).

Windfall Gains Tax - legislation released – certain concessions granted

Windfall Gains Tax - legislation released – certain concessions granted

In line with the 2021/22 Victorian Budget announcements and following targeted consultations with various stakeholders, the Victorian Government has recently tabled a Bill to introduce the windfall gains tax - Windfall Gains Tax and State Taxation and Other Acts Further Amendment Bill 2021 (Bill).

Legal Professional Privilege in the spotlight

Legal Professional Privilege in the spotlight

Legal professional privilege (LPP) has once again become a topic of significant interest following the recent Full Federal Court decision of CUB Australia Holding Pty Ltd v FCT [2021] FCAFC 171 (CUB Decision) and the release of the draft LPP protocol from the Australian Taxation Office (ATO).

Taxpayer Alert TA 2021/2 – undeclared foreign income – ATO declares war

Taxpayer Alert TA 2021/2 – undeclared foreign income – ATO declares war

In 2014, the Australian Taxation Office (ATO) undertook the high-profile amnesty – Project DOIT – that allowed Australian taxpayers to voluntarily disclose (undeclared) offshore income in return for a range of ATO administrative concessions on the period-of-review, penalties, and shortfall interest.

A Guide to Understanding Land Tax: Part 7 - Primary Production Exemption

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

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

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.

Onus of proof: asset betterment case sent back to the AAT

Onus of proof: asset betterment case sent back to the AAT

Part IVC of the Taxation Administration Act 1953 gives taxpayers statutory avenues to argue, in the Administrative Appeals Tribunal (AAT) or Federal Court, that the substantive liability imposed by an assessment is excessive through a review or appeal of an objection decision. Where an assessment is found to be excessive, the Commissioner must amend the assessment.

Sladen Snippet - Rural land leased to tenant found not to be used for primary production and subject to land tax

Sladen Snippet - Rural land leased to tenant found not to be used for primary production and subject to land tax

In the recent decision of Chandrala v Chief Commissioner of State Revenue [2021] NSWCATAD 50, the NSW Civil and Administrative Tribunal (NCAT) has determined that rural land, that was leased to a tenant, was not exempt from land tax under the primary production exemption.

Sladen Snippet - Khan: self-education expenses not deductible

Sladen Snippet - Khan: self-education expenses not deductible

Individuals cannot currently claim a tax deduction under s 8-1 of the Income Tax Assessment Act 1997 for education and training expenses unless the expense leads to, or is likely to lead to, an increase in the individual’s income from current income-earning activities.

ZBFF v FCT: can an agreement to remit sale proceeds reduce a capital gain?

ZBFF v FCT: can an agreement to remit sale proceeds reduce a capital gain?

A taxpayer includes a net capital gain in assessable income. That is well known. But can an agreement to remit an amount from sale proceeds reduce the amount of a net capital gain?

Allocation of professional firm profits – the ATO moves the goalposts!

Allocation of professional firm profits – the ATO moves the goalposts!

On 1 March 2021, the Australian Taxation Office (ATO) released Draft Practical Compliance Guideline PCG 2021/D2 Allocation of professional firm profits – ATO compliance approach (Draft PCG) that sets out the ATO’s proposed compliance approach to the allocation of profits by professional firms.

ATO’s Next 5,000 Audit Program – Our Top 5 Tips for how you can be ready

ATO’s Next 5,000 Audit Program – Our Top 5 Tips for how you can be ready

The ATO has commenced issuing notices for its compliance program focusing on the “Next 5000” private groups in Australia. This article provides our top tips for preparing for an audit and how we can assist you in doing this.

Sladen Snippet - Mere acknowledgement of trust found not to be liable

Sladen Snippet - Mere acknowledgement of trust found not to be liable

In CCSR v Benidorm Pty Ltd [2020] NSWCA 285, the NSW Court of Appeal found that a ‘declaration of trust’ did not trigger duty on the basis that it merely acknowledged the existence of an existing trust.

Sladen Snippet - GST on sales of vacant land by sheep grazing business

Sladen Snippet - GST on sales of vacant land by sheep grazing business

For a supply to trigger a GST liability, it needs (amongst other things) to be made in the course of furtherance of an enterprise. A common GST question is whether the sales of vacant lots of land amount to carrying on an ‘enterprise’ and are subject to GST.