19 Nov

Land tax as it applies to deceased estates is a complex area.  Various factors need to be considered to ensure appropriate outcomes having regard to the specific circumstances of the deceased estate, the beneficiaries of the estate and, in some circumstances, the use of land. By working with the executor and/or administrator of a deceased estate (Estate Administrator) and/or estates lawyers, we can assist in ascertaining what may be appropriate outcomes for land tax purposes. When does liability arise for land tax? In Queensland, land tax is assessed on land held at midnight on 30 June each year, for the coming 12 months. Where...

10:40 / Land Tax / Tax advisory services / Tax audits and reviews / Taxation of deceased estates
28 Aug

In this paper prepared for TEN The Education Network, our senior associate Hugo Southcott and principal Lyndon Garbutt analyse the legislative provisions relating to the GST margin scheme. The paper examines the complexities of the eligibility criteria, drafting traps, the interaction between the margin scheme and GST withholding, and the rules for calculating the margin in various circumstances....

14:14 / GST / Land Tax
14 Apr

In response to the impact of Covid-19 on the Queensland economy, the Queensland government has announced a range of land tax relief measures.  Lawyers Lyndon Garbutt and Mark West have prepared an overview of the measures for Queensland landowners, including how the different measures can be accessed and considerations to be taken into account in determining eligibility....

11:37 / Land Tax
10 Mar

West Garbutt Principal Lyndon Garbutt recently presented at the 11th Legalwise Brisbane Property Lawyers conference, providing practical tips to property lawyers  on GST and Queensland land tax. For people wanting to access a copy of the slides please click on the link below.  Should more detailed advice be required, or you would like assistance with identifying the GST and land tax implications of your property transaction, then please contact one of our specialist GST lawyers. To access this document, please click: Legalwise Property Lawyers - GST and Land Tax ...

15:45 / GST / Land Tax
19 Sep

Mark West and Lyndon Garbutt provided a tax lawyer’s overview of available exemptions and concessions to attendees from various not for profits and charities at the Queensland Chartered Accountants Australia and New Zealand (CAANZ) sharing knowledge breakfast. The presentation focused on the importance of payroll tax, land tax and other State taxes for not for profit organisations and charities operating in Brisbane and Queensland.  Strategies to manage exposure to shortfalls with tax and to deal with overpayments of tax were also shared.  Co-presenter Sandra Wojcik of UnitingCare providing attendees an insight from the perspective of an in-house tax counsel within a large NFP. For people wanting more information on payroll tax, land tax, duty and local government regulations as they apply to not for profits and charities, please click on the below link to access a copy of the powerpoint presentation.  Should more detailed advice be required, please contact one of our specialist tax lawyers.
12:54 / Land Tax / Payroll Tax / Stamp Duty
22 Jan

Land is often acquired by trusts for a variety of reasons including asset protection and the availability of a 50% capital gains discount for land held for more than 12 months. Land tax as it applies to trusts in Queensland can be misunderstood, particularly regarding the context in which separate assessments will issue, the availability of exemptions, including: the home exemption; and the primary production exemption. Potential issues for landowners With improved data matching techniques, the Queensland Revenue Office (QRO) is increasingly contacting trustee landowners that are claiming exemptions to verify if exemptions are properly being claimed. When trustees are acquiring land in Queensland on trust,...

09:43 / Land Tax / Tax advisory services / Tax audits and reviews / Taxation of deceased estates