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Dutiable value for stamp duty - the New South Wales anti-avoidance rule.

Publication date: 01 May 08 | Source: AUSTRALIAN TAX REVIEW

Issue: Vol 37 No 2 2008

Pages: pp.96-103

A recent decision of the Court of Appeal of NSW has undertaken an important contribution to the jurisprudence of State taxation in two respects. First, it has reviewed the long-standing case law on the nature of an interest in leasehold land and the concept of concurrent leases as creatures of property law. It has done so in the area of stamp duty in a way which serves to better understand these two property law concepts. Secondly, it has undertaken, in the context of the operation of stamp duties legislation, a review of the approach to be adopted henceforth in Australia generally to the interpretation of legislation, and in particular, it has confirmed the adoption of a purposive approach to the interpretation of legislation, not merely subsequently in the case of ambiguity, but in the first instance when the legislation's meaning arises for judicial determination.

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Christopher Bevan CTA
Chris is a Barrister Wentworth Chambers. - Current at 06 August 2018
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