Recent issues affecting consideration, valuation and characterising a transaction paper
Published on 28 Jul 15
by NEW SOUTH WALES DIVISION, THE TAX INSTITUTE
This paper covers:
- the land developer
- overview of the cases
- the first quartet: Archibald Howie, Davis Investments, Dick Smith and Lend Lease
- the second duo: Bambro and Araghi
- executory contracts: the promise or its performance?
- the condition of the dutiable property: the “as if” rule
- triangulation and non-monetary consideration
- labelling and the parties’ freedom to choose form but not substance.