Published on 16 Sep 03
by SOUTH AUSTRALIAN DIVISION, THE TAX INSTITUTE
This seminar paper includes:
- basics of property division in the Family Court
- basics of defacto property division on separation
- the court's approaches to dealing with uncrystallised tax liability
- super splitting
- taxes and stamp duty: liabilities and concessions on transfer of property, including CGT (especially rollovers), income tax (including Div 7A, trust problems, indemnities for paying tax), GST and stamp duty (SA)
- other concerns.
This is a slightly revised and updated version of a paper presented on 28 March 2003 at the National Convention in Adelaide. It considers matters from the SA practitioner's perspective.
Until her recent retirement, Arlene was a Barrister at the South Australian Bar for 17 years. Prior to this she spent 8 years at the Australian Government Solicitor's Office, and several years at the ATO and the Commonwealth Ombudsman's office. At the Bar she appeared and advised in a wide range of Commonwealth and State tax disputes concerning income tax, CGT, GST, stamp duty, payroll tax, land tax and other tax issues. Arlene is experienced in acting for the Commissioner of Taxation and for the range of taxpayers who were in dispute with the revenue authorities or who needed advice on how tax law applies in their case. She has a passion for legal education, especially in tax and trust law. She was awarded life membership of The Tax Institute in 2010 particularly for her work over many years in organising, promoting and providing education through The Tax Institute. She has written a vast number of papers and articles and is a highly sought after speaker.
- Current at
16 February 2015