State taxes Payroll tax Land tax

Blatant, artificial or contrived...?

Source: South Australia

Published Date: 2 May 2013

 

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The introduction in 2008 of provisions in the Land Tax Act giving the Commissioner power to disregard minority interests in land, and the more recent introduction of general anti-avoidance rules in the Taxation Administration Act, has left many clients exposed to land tax assessments on a multiple holding basis and has given rise to a feeling of uncertainty as to what structures can still be used to effectively maintain separate ownerships.

This paper covers:

  • a brief overview of the relevant provisions in the Land Tax Act including the definition of “owner” and the operation of sections 13 and 13A
  • a brief overview of the new general anti-avoidance provisions including the meaning of “tax avoidance scheme” and “blatant, artificial or contrived”
  • examples of the types of ownership structures that are being investigated by Revenue SA
  • examples of situations in which Revenue SA has disregarded minority interests
  • examples of structures that remain effective to achieve a separate ownershipunder the Land Tax Act
  • a discussion of whether the general anti-avoidance rules could apply to deny the effectiveness of these structures.
Author(s)

Individual Session

Blatant, artificial or contrived...?

Author(s): Briony Rice CTA
Materials from this session:

Details

  • Published By: Briony Rice CTA
  • Published On:2 May 2013
  • Took place at:Novatel Barossa Valley Resort

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State taxes Payroll tax Land tax 2013

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