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Comparisons & contrasts: State land rich duty and Federal non-resident CGT rules paper

Published on 10 Nov 08 by QUEENSLAND DIVISION, THE TAX INSTITUTE

This paper covers:

  • comparing the CGT and stamp duty regimes
  • taxable Australian real property (CGT) v real property (duty)
  • how indirect interests are treated
  • non-portfolio interest test (CGT) v ratio of land interests to total assets test (duty)
  • valuations and allocation of value to various assets
  • planning issues and relevant stamp duty cases.

Author profile

Harry Lakis CTA
Harry was admitted to the Queensland Bar in 2005, after 23 years experience as a solicitor and tax partner in national law firms. At the Bar he continues to practise in revenue law, with a particular focus on transactional taxes. He has experience in all federal taxes including GST and CGT, and in duties, taxes and levies across all Australian state jurisdictions. Harry is briefed by taxpayers and revenue authorities, and has acted and advised on business structures, trusts and finance – in the context of transaction planning as well as mediation and contested disputes. - Current at 26 June 2019
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This was presented at Annual Property Intensive .

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