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Practice notes

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Cite as: September 2012 86 (09) LIJ, p.65

COUNTY COURT

The following practice note has been updated:

PRACTICE NOTE: PNCR 2-2010

Subject: Criminal Jurisdiction

Title: County Court Criminal Procedure Practice Note

Authorised by: Chief Judge Rozenes

Updated: 20 July, 2012

(available at www.countrycourt.vic.gov.au under “Practice and Procedure”).

ANNA BOLGER, MEDIA & COMMUNICATIONS MANAGER, 26 JULY 2012

STATE REVENUE OFFICE

The Duties Amendment (Landholder) Act 2012 (the Landholder Act) received Royal Assent on 27 June 2012. The Landholder Act introduces the landholder duty provisions into the Duties Act 2000 (the Duties Act), replacing the land rich duty provisions which have existed in Victoria since 1987.

The landholder provisions apply to acquisitions of interests in certain land holding entities and are contained in Chapter 3 of the Duties Act. The landholder provisions came into operation on 1 July 2012.

In order to provide customers with guidance on the operation of the new landholder provisions, the State Revenue Office has issued a wide range of explanatory materials (see below), all of which are available on their website:

Duties Act Bulletin
  • DUT 2/12 – Duties Act 2000 – Landholder Provisions
Revenue Rulings – Landholder Provisions
  • DA.055 – Obligations on making a relevant acquisition and calculation of duty
  • DA.056 – Acquisitions of interests in a landholder
  • DA.057 – Meaning of “associated transaction”
  • DA.058 – Constructive ownership of land holdings through linked entities
  • DA.059 – Constructive ownership of land holdings of discretionary trusts
  • DA.060 – Valuation of land holdings
  • DA.061 – General issues relating to trust registration applications
  • DA.062 – Declared wholesale unit trust schemes
  • DA.063 – Declared public unit trust schemes
Duties Forms
  • Duties Form 58 – Section 83 – Landholder acquisition statement
  • Duties Form 59 – Application for registration as a wholesale unit trust scheme or an imminent wholesale unit trust scheme or a declared wholesale unit trust scheme
  • Duties Form 60 – Application for registration as a declared public unit trust scheme
Website information

The new Landholder Acquisitions section of the website also provides detailed information on the landholder duty provisions. Go to http://www.sro.vic.gov.au, click on “Taxes & Duties”, then “Duties”, then “Landholder Acquisitions”.

For further information, please contact the Landholder Acquisitions Branch on (03) 9628 0123 or email landholder@sro.vic.gov.au.

ADRIAN POLIZZI, MANAGER, TAX INFORMATION & REVIEW (PTX/LTX), SRO TECHNICAL ADVICE & REVIEW BRANCH, 29 JUNE 2012

STATE REVENUE OFFICE

A new Duties Act Bulletin D3/12 “Drive-Away-Deals 2012/13” has been issued.

The Bulletin, which is updated annually by the SRO, provides guidance on the calculation of the dutiable value of “drive-away-deals” for new and used motor vehicles and reflects the increases in registration fees and TAC charges effective 1 July 2012. The Bulletin has also been updated to reflect the increase (effective 1 July 2012) in the rate of duty (from $5 to $6 per $200 or part) on an application to register a new or near new passenger car, the dutiable value of which is below the Commonwealth’s luxury car tax threshold.

The bulletin can be accessed at http://bit.ly/sro-publication-D03-12.

For further information, phone 9628 6606, fax: 9628 6631 or email: sro@sro.vic.gov.au.

ADRIAN POLIZZI, MANAGER, TAX INFORMATION & REVIEW (PTX/LTX), SRO TECHNICAL ADVICE & REVIEW BRANCH, 19 JULY 2012

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