Mortgage duty, share transfer duty and non-real transfer have been abolished from 1 July 2016. The abolition of these duties from 1 July 2016 had been legislated via the State Revenue and Other Legislation Amendment (Budget Measures) Bill 2014 (NSW) that was assented on 24 June 2014.
The State Revenue Legislation Amendment (Budget Measures) Bill 2016 (NSW) received Assent on 28 June 2016. It had passed all stages without amendment and amends the Duties Act 1997 (NSW), the Land Tax Act 1956 (NSW), and the Payroll Tax Rebate Scheme (Jobs Action Plan) Act 2011 (NSW) to implement the NSW Budget 2016 proposals that had not already been legislated. Amendments include:
Foreign investor transfer duty surcharge — From 21 June 2016, a flat transfer duty surcharge of 4% will apply to all acquisitions of NSW residential real estate by foreign persons, including foreign individuals, corporations, trusts and governments.
The surcharge will not apply to Australian citizens, including those living abroad as well as most permanent residents living in Australia.
The surcharge will be in addition to normal duty payments on these transactions. Furthermore, the current concession for residential off-the-plan purchases (which allows for a delay of up to 12 months in the payment of duty) will no longer be available to foreign persons.
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The State Taxation and Other Acts Amendment Bill 2016 (Vic) received Assent on 28 June 2016. It passed all stages with 12 Government amendments and implements the state taxation measures announced in the 2016-17 Victorian Budget and makes other various minor technical amendments. Some of the key budget changes are as follows:
The Victorian State Revenue Office (SRO) has prepared a summary of the changes contained in the above Act.
The SRO has updated Duties Form 62 — Purchaser Statement following changes set out in the Act. The purchaser statement is used to identify foreign purchasers of residential property in Victoria. The changes includes clarifying the definition of "residential property" and the definition of transferee in Part A of the form to clarify the relevant types of leases. The updated form can be used immediately but must be used for all transactions and arrangements entered into on or after 1 July 2016, the SRO said.
The SRO has also updated its land tax (stamp duty) calculator to take account of the changes introduced in the Act.
The Duties and Other Legislation Amendment Bill 2016 (Qld) received Assent on 27 June 2016. It passed the Qld Parliament without amendment and amends the Duties Act 2001 (Qld) and the First Home Owner Grant Act 2000 (Qld) to implement the following Qld Budget 2016 proposals:
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Julian Smith is a partner in the Maddocks Commercial team.
Julian advises extensively in the following areas:
Julian advises clients ranging from public companies servicing the wholesale financial services market to high net worth individuals and their advisers.
Julian has been with Maddocks since undertaking articles in 2001.
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