shopping_cart

Your shopping cart is empty

Danvest case: any implications for partnerships and CGT?

Publication date: 04 Sep 17 | Source: AUSTRALIAN TAX WEEK

Issue: Issue 35, 1 Sep 2017

Pages: pp. 1-3

Abstract:

The decision in Danvest Pty Ltd & Anor v Commisssioner of State Revenue (Vic) 2017 ATC 20-611 once again demonstrates the difficulties in reconciling partnership jurisprudence. In holding that the partners did not have an interest in partnership assets that would attract stamp duty upon a sale of the partnership business, Croft J sought to resolve the conflicting case law.

This decision clearly has implications for stamp duty collections in Victoria and will no doubt lead to a legislative response if the case is not reversed on appeal. However, the other states have differently-worded and, typically, partnership-specific provisions so the stamp duty implications should be restricted to the one state. 

This item is not available for download from this website. Please contact the Tax Institute library for assistance. Charges will apply.

Author profile

Dr Justin Dabner CTA
Justin ia an Associate Professor, Law School, James Cook University, Cairns, Australia; Adjunct research fellow in Business Law and Taxation, Faculty of Business and Economics, Monash University, Australia. - Current at 01 April 2016
Click here to expand/collapse more articles by Justin DABNER.