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Stamp duty exemption for transfers to beneficiaries of a trust.

Publication date: 09 Aug 07 | Source: CCH TAX WEEK

Issue: Issue 31 2007

Pages: pp.1-6

Recently, the Victorian Civil and Administrative Tribunal ("VCAT") decided two cases dealing with a trust-related exemption from Victorian stamp duty. The exemption applies in certain situations where dutiable trust property is transferred to a beneficiary of the trust. These recent cases considered the application of the exemption, but resulted in very different outcomes for the taxpayers. This article will consider the principles arising from these cases and compare the Tribunal's reasoning which led to such different results.

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Author profile

Dr Philip Bender ATI
Philip is a barrister at the Victorian Bar practising in federal and state taxation and superannuation. He acts for both taxpayers and revenue authorities and has appeared in a number of leading cases in these fields. Philip is also the author of Bender’s Australian Stamp Duties, a book published by The Tax Institute dealing with stamp duty in all Australian jurisdictions. - Current at 26 June 2019
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