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Sixth Annual States' Taxation Conference

Published on 27 Jul 2006 | Took place at Hotel Grand Chancellor, Hobart , National

The comprehensive program included streams for stamp duties, pay-roll tax, and land tax. With all sessions, the aim was to provide enough information so that the general practitioner can understand and appreciate the issues, but also to cover the more technical matters for the specialists.

Get a 20% discount when you buy all the items from this event.

Individual sessions

Payroll tax - how wide is the net and what is in it?

Author(s):  Kevin LOCK

This paper provides a discussion of some of the more obscure areas of difference between the jurisdictions and seek to generate discussion on the apparent progressive widening of the PRT net, including:

  • fringe bene?ts - compliance or revenue raising?
  • superannuation - cash and non-cash contributions?
  • employee share plans - speci?c legislation or rulings?
  • trust distributions - is PRT something more than a tax on ‘remuneration’?
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Climate change law - state taxation issues

Author(s):  Amrit MACINTYRE

This paper covers:

  • is “Kyoto” creating new kinds of “property”?
  • “carbon sinks” - leases or conveyances?
  • what duty consequences arise from trading in “carbon rights”?
  • NSW Greenhouse Gas Abatement Certi?cates
  • renewable energy certi?cates - how are they taxed?
  • problems of valuation.
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Preventing avoidance of state and territory taxation - new traps for old players

Author(s):  James D MERRALLS

It is well known that the income tax legislation contains extensive provisions preventing taxpayers from avoiding and minimising tax liability; those provisions have been the subject of extensive and rigorous examination by the Courts and commentators. The taxation legislation of the States and Territories contain anti-avoidance provisions but these have rarely been examined judicially or been the subject of professional discussion. This paper:

  • provides an overview of some of the relevant State and Territory laws
  • examines a number of cases that have interpreted those provisions
  • comments on the recent amendments.
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Valuation and state taxes

Author(s):  Wayne LONERGAN

The issue of valuations is a major one. This paper focusses on the following:

  • valuing intellectual property, trademarks, etc.
  • assessing the land value component in resource related assets
  • separating name, site and personal goodwill
  • the (ir)relevance of rules of thumb.
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State taxes: case update

Author(s):  Fiona HALSEY,  Daniel STEIN

This paper contains an annual review of signi?cant State and Territory tax cases over the last 12 months, including:

  • CPT Custodian
  • HSH Hotels
  • Australian Fencing
  • Halloran.
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State taxes update

Author(s):  Jim RICHARDS This paper focusses on the main legislative changes and developments for the year, and contains a comprehensive round up of all changes by jurisdiction.

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Dealing with state taxes

Author(s):  The Hon. Justice Ian GZELL Justice Gzell was a leading Queen’s Counsel specialising in State and Commonwealth tax matters until his appointment to the Supreme Court of NSW in 2002. There he continues to deal with State and some Commonwealth taxes (and much more). In this paper he discusses some recent State Tax decisions that have rami?cations for tax advisers and Revenue of?cers.

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Land tax on trusts - the Victorian model

Author(s):  Chris FURNELL,  Grant PARSONS

This paper covers:

  • some issues with concepts employed; “trustee”, “land”
  • exceptions to the new regime
  • noti?cations required under the new regime.
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The shifting trust relationship

Author(s):  Ken SCHURGOTT

Trusts may be in?nitely varied (subject to the terms of the Deed). It is usually taxes which obstruct the effective and ef?cient restructure of commercial and family trust arrangements. The Commonwealth allows signi?cant leeway in restructuring trusts for ef?cient operation. The stamp duty regimes pose the main obstacles. This paper covers:

  • tweaking trust relationships for succession planning purposes
  • splitting, cloning and resettling
  • get it wrong and it can be doubly costly
  • the legislative basis for a dutiable resettlement.
Materials from this session:

The move to electronic land dealings: a national approach

Author(s):  Simon LIBBIS

This paper explains how the National Electronic Conveyancing System (NECS) will work and the way in which it is being developed by all states and territories. It touches on dealing with jurisdictional differences, meeting stakeholder requirements and the impact on practitioners in relation to:

  • identi?cation of clients
  • payment of stamp duty
  • land tax
  • property valuation information.
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The contingency principle - alive and well under the Duties Act?

Author(s):  John CARAVOUSANOS

This paper covers:

  • the contingency principle - alive and well?
  • modern case law - old wine in surprising new bottles
  • interim assessing powers - do they affect substantive law?
  • case study - treatment of purchase by variable instalments in each State and Territory
  • application of contingency principle beyond “transfer” duty
  • implications for documenting transactions.
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Mixed bag of pay-roll tax lollies

Author(s):  Fiona ELLIOTT,  Rod RICHARDSON,  Bob SMITH

This paper gives a short run-down from three OSR speakers on a variety of topics:

  • what’s in the lollybag for pay-roll tax audits in 2006/07?
  • the rocky road of discretionary trust exclusions
  • pay-roll tax’s sticky toffee - the most common mistakes examined
  • penalty policies.
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Land rich - hidden riches

Author(s):  Campbell RANKINE

This paper covers:

  • the tax policy issues of land rich assessing - where is all this going and what is the underlying policy?
  • a consideration of the key components that constitute the occasion of the obligation to lodge a statement - speci?cally, the terms used in the legislation and the arti?ce in the extension of the underlying interests under discretionary and other trusts; and
  • the theoretical and practical dif?culties that arise as a consequence of recent court decisions: especially CPT Custodian Pty Ltd. v CSR (Vic).
Materials from this session: