LAND PURCHASERS TO BENEFIT FROM LAND TAX AND WINDFALL GAINS TAX EXCLUSIONS ON SALE
Legislation in Victoria has now passed the Legislative Assembly to prohibit a vendor from passing on an existing land tax or windfall gains tax liability to a purchaser on sale of land. Subject to the legislation passing unamended in the Legislative Council and receiving Royal Assent, the changes will take effect 1 January 2024.
Recent VCAT ruling heightens stamp duty risk in capital raisings
A recent VCAT decision has served as an important reminder for those undertaking capital raising for funds investing in real property, including for development.
Industrial and Workplace Relations Update – Closing Loopholes Bill (Part 1)
A third piece of legislation has now been introduced to Parliament by the Government in the form of the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Bill). It follows the ‘Secure Jobs, Better Pay’ and ‘Protecting Worker Entitlements’ legislation which are both now in operation.
The Bill as its title suggests intends to close loopholes existing in the Fair Work Act 2009 (Cth) (Act) which allow underpayment and substandard conditions to be imposed on a range of workers. This article highlights the key changes proposed by the Bill relating to employment relationships that both employers and employees ought to be aware of, should the Bill be made into law.
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.
Set-Off Denied: Court Rules on Creditor's Claim in Metal Manufactures Pty Limited v Morton [2023] HCA 1
A creditor owed money in a liquidation is not entitled to set off that debt against any amount it is found to owe to the company under unfair preference provisions (and arguably other amounts payable to a company in liquidation which are recoverable pursuant to a liquidator’s statutory powers)
Can I keep it?: Inheritances in Family Law Property Settlements
Many Australians may have received, or are set to receive, some type of inheritance in their lifetime. Thanks to the general rise in property prices over the last 30 or so years, such an inheritance may be significant.
Stamp duty exemption - transfer from discretionary trust to beneficiary
Ordinarily, land transfer duty (stamp duty) is paid by the transferee at the time of the transfer of dutiable property, such as real property, unless an exemption to stamp duty is applicable.