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Mining - duty issues paper

Published on 26 Jul 12 by NATIONAL DIVISION, THE TAX INSTITUTE

The mining sector can give rise to transactions that produce unexpected stamp duty outcomes. This paper looks at some of the pitfalls that can arise and the impact that the federal MRRT might have on the stamp duty regime, including:

  • mining tenements - when are they interests in land?
  • mining leases - how are they taxed?
  • off take agreements - sales of goods?
  • mining equipment - fixtures or not?
  • farm-in agreements - what are the rules?
  • royalty agreements - duty characterisation
  • MRRT - what is the impact on duty?

Author profile:

Everton MacIntyre CTA
Amrit MacIntyre, CTA, is a Partner at Baker & McKenzie in Sydney. He practises in indirect taxes, including stamp duty. He was admitted to practice in 1988. He is the co-author of the CCH Australian GST Guide loose-leaf service and the CCH Duties Law & Practice loose-leaf services. Amrit is also the co-author of GST and the Financial Markets. He Chairs The Tax Institute/New South Wales Office of State Revenue Liaison Committee. He is also a member of the Australian Taxation Office Public Rulings Panel. Current at 22 April 2014 Click here to expand/collapse more articles by Amrit MACINTYRE.
 

This was presented at 12th Annual States' Taxation Conference.

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The state tax cases 'essential toolbox'.

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Corporate 'recombinations'

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