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14th Annual States' Taxation Conference

Published on 24 Jul 2014 | Took place at Hotel Grand Chancellor, Hobart, National

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The States’ Taxation Conference remains the only national conference covering all state and territory taxes in one technical program.

As in previous years, all state and territory Revenue Commissioners were in attendance together with representatives from their respective offices. With strong attendance from both the private and government sectors, the conference has always been a popular forum for interaction among delegates in the state taxes community. It is a particularly valuable conference for those delegates with practices operating across multiple jurisdictions. The conference continued to offer the opportunity to network with fellow practitioners and revenue officers during both the technical and social programs.

Considerable effort was made to present topics with content covering the legislation of all the states and territories. We have endeavoured to present topics of universal interest across all the state taxes. These include the Commissioners’ reassessment and refund powers, and the current state of the law affecting charities.

Following on from the very popular format last year, the usual update on significant cases was followed by an expert panel discussion drawing out the practical implications from the key cases. Duties-specific topics included developments in landholder duty and the determination of dutiable value. Payroll tax topics included the treatment of contractors and emerging issues. As always, the conference materials will be a valuable research resource for years to come.

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Individual sessions

State taxes cases update

Author(s):  Stefan DeBellis

This presentation covers:

  • Hazel Holdings Pty Ltd v Commissioner of State Revenue [2013] WASAT 93
  • Zodiac Resources Pty Ltd v Commissioner of State Revenue [2013] WASAT 96
  • Driver Group Pty Ltd v Commissioner of State Revenue [2013] VCAT 1151
  • Al-Saeed and Associates v Chief Commissioner of State Revenue [2013] NSWADT 115
  • O’Meagher v Commissioner of State Revenue [2013] WASAT 116
  • Summit Grain v AG (Vic) and Commissioner of State Revenue [2013] VSC 383
  • Growthpoint Properties Ltd v Commissioner of State Revenue [2013] SASC 131
  • Baptist Union of NSW v Chief Commissioner of State Revenue [2013] NSWADT 270
  • LR Corrie Glen Pty Ltd v Chief Commissioner of State Revenue [2014] NSWCATAD 33
  • Chief Commissioner of State Revenue v Print National [2013] NSWCA 96
  • Metricon v Chief Commissioner of State Revenue [2013] NSWCA 982
  • FCT v Resource Capital Fund VI LP [2014] FCAFC 37.
Materials from this session:

States taxes update

Author(s):  Alex Jacobs

This paper covers:

  • Queensland
  • ACT
  • New South Wales
  • Tasmania
  • Victoria
  • Northern Territory
  • South Australia
  • Western Australia.
Materials from this session:

State tax cases update

Author(s):  Stefan DeBellis

This paper covers state tax cases update.

Materials from this session:

Payroll tax cases - "The big ones"

Author(s):  Philip MAGOFFIN

This presentation covers:

  • Bank of Queensland Ltd V Commissioner of State Revenue [2013] VCAT 1966
  • Lombard Farms Pty Ltd V Chief Commissioner of State Revenue [2013] NSWADTAP 42
  • Seovic Civil Engineering Pty Ltd V Chief Commissioner of State Revenue [2014] NSWCATAD 52
  • CXC Consulting Pty Ltd V Commissioner of State Revenue [2013] VSC 492
  • Smith’s Snackfood Company Ltd V Chief Commissioner of State Revenue [2013] NSWCA 470.
Materials from this session:

Dear Commissioner

Author(s):  Jim RICHARDS

This paper covers:

  • suggestions to improve written submissions
  • obligations for honesty, and for full and true disclosure
  • processes of government
  • how to approach an “unfair” outcome.
Materials from this session:

Duty treatment of tenants' fixtures

Author(s):  Barbara PHAIR

This paper covers:

  • general propositions
  • stamp duty implications of transfers affecting tenants' fixtures
  • landholder duty
  • possible model for reform?
Materials from this session:

Payroll tax: Emerging issues

Author(s):  Nathan Hamilton

This paper covers:

  • payroll tax, the economy and tax reform
  • the expanding class of employment agent scenarios
  • business structures and grouping
  • ongoing perils of the contractor rules.
Materials from this session:

Valuations: A battle of art vs science vs law in stamp duty

Author(s):  Nathan Deveson

This paper covers:

  • foundations of valuation principles
  • legislative provisions
  • asset transfers – key issues in valuing asset transfers
  • equity transactions – valuation of land in landholder/land-rich transactions.
Materials from this session:

Charity and state taxes the dictionary, the law and precision

Author(s):  Gino DAL PONT

This paper covers:

  • policy
  • the path to definition
  • conceptual parameters of ‘charity’
  • the definitional destination.
Materials from this session:

Contractors and payroll tax

Author(s):  Greg KENT,  Ian PHILLIPS

This paper covers:

  • the trend towards a contingent workforce
  • risks for organisations of shifting tax landscape and contingent workforce
  • contractors & payroll tax – compliance obligations.
Materials from this session:

Dear Commissioner - Written tax advocacy

Author(s):  Ron JORGENSEN

This paper covers:

  • writing style lessons
  • example advocacy types.
Materials from this session: