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16th Annual States' Taxation Conference

Published on 27 Jul 2016 | Took place at Darwin Convention Centre, NT, NSW

This event covered some of the following topics:

  • a common charity definition?
  • compliance trends
  • cases and legislation update
  • payroll tax - employment agent rules - how far does the legislation extend?

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Individual sessions

A common charity definition?

Author(s):  Australian Charities and Not-for-profits Commission

This paper covers:

  • jurisdictional analysis
  • value
  • a proposed common definition.
Materials from this session:

Cases update 2016

Author(s):  Nicholas Clifton,  Jacqueline Wood

This paper covers:

  • ACN 005 057 349 Pty Ltd v Commissioner of State Revenue [2015] VSCA 332
  • Alacer Gold Corp and Hill 51 Pty Ltd (formerly Alacer Gold Pty Ltd) and Commissioner of State Revenue [2016] WASAT 31
  • BD Corporation Pty Ltd v Chief Commissioner of State Revenue [2015] NSWCATAD 163
  • The Queen v Beckett [2015] HCA 38
  • BPG Caulfield Village Pty Ltd v Commissioner of State Revenue [2016] VSC 172
  • Can Barz Pty Ltd & Anor v Commissioner of State Revenue & Ors [2016] QSC 59, Bird and Scott & Ors v Commissioner of State Revenue [2016] QSC 132
  • Chan & Naylor Pty Ltd v Chief Commissioner of State Revenue [2016] NSWCATAD 4
  • Chiang v Commissioner of State Revenue (Review and Regulation) [2016] VCAT 304
  • Codlea Pty Ltd v Chief Commissioner of State Revenue [2016] NSWCATAP 30.
Materials from this session:

Employment agents - How far does the legislation extend

Author(s):  Chris FURNELL

This paper covers:

  • employment agency contract
  • aspects of comparison to relationship of employer and employee
  • might a normal contract for services be an employment agency contract?
  • proper construction of provisions-language employed
  • proper construction of provisions-context.
Materials from this session:

The nature of a state tax appeal

Author(s):  David W MARKS

This paper covers:

  • what is an appeal?
  • the landscape
  • first illustration – dissatisfaction with a garnishee notice
  • second illustration – PRT exclusion order not granted
  • third illustration – appeal from tribunal
  • fourth Illustration – application of avoidance scheme provisions
  • interesting things I have encountered.
Materials from this session:

Duties: Trust issues

Author(s):  Katrina PARKYN,  Leah RANIE

This presentation covers:

  • acquisitions of property by trustees
  • change of trustee - what can go wrong?
  • transfers to beneficiaries
  • transfers involving custodians
  • trust variations - how far can you go?
Materials from this session:

Tax reform: The Commonwealth state interplay - Commonwealth spending revenue situation, and state finances

Author(s):  Robert Schwarz

This presentation covers:

  • Government impact ubiquitous
  • general revenue assistance, real per capita index (base 1988-89 = 100)
  • GST performance
  • policy observations so far
  • long term projections (real per capita)
  • intended outlays require sufficient tax.
Materials from this session:

Tax reform - The federal/state interplay

Author(s):  Robert CARLING

This presentation covers:

  • key features of state taxation
  • composition of national taxation
  • sources of state revenue
  • economic efficiency of taxation - Treasury estimates
  • comprehensive or piecemeal reform.
Materials from this session:

Landholder duty and transfer duty in the context of government asset sales and public private partnership transactions

Author(s):  Barbara PHAIR

This paper covers:

  • government pre-sale restructures
  • typical sale structures
  • secondary transactions in Government assets.
Materials from this session:

Employment rebates and incentives

Author(s):  Anne Bailey

This paper covers:

  • Victoria
  • NSW
  • Queensland
  • Tasmania
  • Western Australia
  • ACT.
Materials from this session:

Duties contemporary valuation issues

Author(s):  Michael CHURCHILL

This paper covers:

  • the Duties Acts and landholder duty
  • market value
  • putting a value on underlying assets
  • accounting issues
  • goodwill and portfolio value.
Materials from this session:

Evolution of the relevant contract provisions

Author(s):  Kevin Jowono

This paper covers:

  • historical progression
  • the WA approach
  • where to from here?
Materials from this session:

Tax litigation from the Commissioner’s perspective

Author(s):  Brad PRENTICE,  Paula Thorne

This paper covers:

  • legislation
  • litigation
  • modal litigant.
Materials from this session: