Indirect taxes paper

Published on 29 Aug 13 by NATIONAL DIVISION, THE TAX INSTITUTE

Indirect taxes, such as duty, GST and land tax, are often neglected when it comes to consideration of tax issues affecting superannuation funds.However, the indirect tax obligations, and potential exemptions and concessions that apply to superannuation funds are often vital parts of any review of potential tax considerations, particularly in relation to transfer of assets to and from a fund.

This paper covers:

• a review of the application of duty for direct transfers of real estate to and from a superannuation fund in each state and territory
• an update and review of the application of duty for indirect transfers of real estate ie interests in landholder/land-rich entities to and from a superannuation fund in each state and territory
• an overview of other concessions available to superannuation funds such as change of trustees, set-up of funds etc
• a brief update in relation to the application of the GST regime to transfers of real estate to and from a superannuation fund
• the application of superannuation related land tax concessions in each state and territory.

Author profiles

Zoe Chung CTA

Zoe Chung, CTA, is an experienced state taxes lawyer. Zoe’s core expertise is in state taxation law across all Australian states and territories, providing all types of assistance from pre-transaction advice, lodgement, negotiation and dispute resolution. Zoe has more than 20 years’ experience providing state taxation advisory, Revenue Authority liaison and M&A services to clients in a wide range of industries and clients, including private families, superannuation & funds management, property (development, leasing and retail), infrastructure and retail & consumer. Zoe has been a Partner at “Big Four” and at a tax specialist advisory firm, practising in state taxation in all Australian jurisdictions with a focus on stamp duty. Zoe has a keen interest in diversity and inclusion and social justice issues. She has undertaken pro bono work for a number of not-for-profit organisations and has also participated in formulating cultural and gender diversity agendas. - Current at 15 August 2022

More by Zoe CHUNG

• Developer Land Tax & Duty concessions and other Land Tax changes paper - 28-July-2022
• State taxes and COVID-19 emergency measures for property (VIC) paper - 21-September-2020
• Changes and developments in state taxes paper - 13-October-2017
• A whole new world of state taxes paper - 26-October-2016
• State Revenue Office compliance themes and “hot spots” for superannuation funds paper - 21-August-2015
• Victorian landholder model paper - 21-June-2012
• Stamp duty update paper - 06-October-2011
• New land tax and stamp duty issues and planning techniques paper - 06-October-2006
• Property - indirect taxes and GST paper - 07-October-2005
• The New Victorian Land Rich Provisions seminar paper - 19-August-2004
• Land tax issues impacting property seminar paper - 24-June-2003

Click here to expand/collapse more articles by Zoe CHUNG.

Rachel O'Donnell CTA

Rachel O’Donnell, CTA of of O'Donnell Tax Law, specialises in duties and land tax across all Australian states and territories, new state property taxes (such as the Victorian windfall gains tax and commercial and industrial property tax) and GST. Rachel has significant experience advising large listed and unlisted corporates, high net worth individuals and small to medium enterprises. With 20 years of experience advising on tax law, she has a broad range and depth of experiences and is very familiar with the operation and technicalities of the GST and various state and territory tax regimes, which are constantly evolving. Rachel’s clients have included major international and national companies / trusts / groups in the property development, property funds management, infrastructure, superannuation, and retirement living / aged care industries, as well as high net wealth family groups. - Current at 25 November 2024

More by Rachel O'Donnell

• What happens where the intended use of property changes? paper - 03-June-2021
• Victorian state taxes and trusts paper - 28-November-2019
• A whole new world of state taxes paper - 26-October-2016

Click here to expand/collapse more articles by Rachel O'Donnell.