Legal Insights

Sim – Victorian Foreign Purchaser Additional Duty Triggered by the Spouse of an Australian Citizen
Commercial Disputes, Property Tax, Tax Alasdair Woodford Commercial Disputes, Property Tax, Tax Alasdair Woodford

Sim – Victorian Foreign Purchaser Additional Duty Triggered by the Spouse of an Australian Citizen

Foreign purchasers living within Australia must be aware of important requirements to fulfill a section 69AJ exemption under the Duties Act 2000 (Vic). The case of Sim v Commissioner of State Revenue [2025] VCAT 349 highlights how all requirements of section 69AJ must be met to receive an exemption to the foreign purchaser additional duty.

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Property Transfer – What to do if your property is transferred into the wrong name
Conveyancing, Property & Financial, Property Tax Maddi Batchelor Conveyancing, Property & Financial, Property Tax Maddi Batchelor

Property Transfer – What to do if your property is transferred into the wrong name

Property was mistakenly transferred to an unrelated company. Error was found 10 years later, real owners sought exemption to land transfer (stamp) duty. Costs for the responsible law firm pursued, emphasising the importance of due diligence in property transactions.

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Stamp Duty Out, Commercial and Industrial Property Tax In Starting 1 July 2024
Superannuation, Succession Planning, Property Law, Business Structuring, Business Succession Alasdair Woodford Superannuation, Succession Planning, Property Law, Business Structuring, Business Succession Alasdair Woodford

Stamp Duty Out, Commercial and Industrial Property Tax In Starting 1 July 2024

From 1 July 2024, a new state taxes regime commences for certain commercial and industrial properties. Upfront land transfer (stamp) duty will be phased out in lieu of a new annualised Commercial and Industrial Property Tax (New Tax).

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Baullo v Commissioner of State Revenue [2023] VCAT 1164: Beneficiary Loans, Land Transfer Duty, and Discretionary Trusts
Business Succession, Succession Planning, Tax, Property Law Alasdair Woodford Business Succession, Succession Planning, Tax, Property Law Alasdair Woodford

Baullo v Commissioner of State Revenue [2023] VCAT 1164: Beneficiary Loans, Land Transfer Duty, and Discretionary Trusts

The VCAT ruling of Baullo v Commissioner of State Revenue [2023] VCAT 1164 (Baullo), has reaffirmed the position of the State Revenue Office (SRO) that forgiving beneficiary loans in relation to a distribution of property from a discretionary trust to a beneficiary will prohibit utilisation of the exemption to land transfer (stamp) duty afforded by section 36A of the Duties Act 2000 (Act).

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Family Farm Transfer Exemption – Transferring the Family Farm to related Parties
Agribusiness, Business Structuring, Business Succession, Wills and Estates, Tax, Succession Planning, Powers of Attorney, Property Law Alasdair Woodford Agribusiness, Business Structuring, Business Succession, Wills and Estates, Tax, Succession Planning, Powers of Attorney, Property Law Alasdair Woodford

Family Farm Transfer Exemption – Transferring the Family Farm to related Parties

Farmland is often the single most valuable asset for a farming family. The farm provides a base from which to operate the farming business and the capital value of the farmland typically increases in value over the long term.

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