Miscellaneous 2020

NSW just and reasonable exemption: Analysis and practical application

Source: The Tax Specialist Journal Article

Published Date: 1 Feb 2020


Section 163H of the Duties Act 1997 (NSW) grants a discretion to the Chief Commissioner of State Revenue to exempt from landholder duty acquisitions where a strict application of the provision would not be just and reasonable in the circumstances. However, despite being a part of the NSW revenue landscape for almost 30 years, and despite the phrase just and reasonable being the subject of judicial consideration on a number of occasions, the exemption is not well understood by many practitioners. This article attempts to address this deficiency with a brief discussion of the provision's legislative history, consideration of the most relevant decisions, and practical issues to keep in mind when preparing a submission to Revenue NSW.

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Miscellaneous 2020

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