When signing contracts (and ideally before!), it is important to be aware of a range of stamp duty risks associated with nominations, options and land development taking place prior to the nomination. This session considers key risk areas, including:

• Understanding stamp duty risk in commercial settlements – who is liable to pay the duty? 
• Determining the ‘purchaser’ – if seeking flexibility is ‘and/or nominee’ always okay?
• Risk scenarios – nominating another person to exercise an option or nominating another person as the transferee or purchaser of land
• Managing the risk of double duty – cancelling contracts, novating contracts and sub-sales
• Understanding stamp duty exemptions and factoring it into commercial agreements
• Recent caselaw considering the meaning of “consideration” for stamp duty purposes

Rosalie Cattermole specialises in indirect taxes with a particular focus on duty and land tax Australia wide.

She has considerable experience in dealing with the state/territory revenue offices’ Australia wide including private ruling applications, complex lodgements and objections. Rosalie has advised extensively on the duty implications of asset and share sale and purchase agreements, corporate reconstructions, transactions involving trusts and partnerships, and the application of the various surcharge duty and land tax regimes that operate across Australia.

Rosalie has a diverse client base including listed entities (particular in the property development, and energy & resources sectors), government owned corporations, private groups and high-net-worth individuals. She regularly works with accountants and other advisers to ensure that a practical and pragmatic approach is taken to a client’s duty and taxation affairs.

Rosalie has a strong technical background in income tax from her previous direct tax roles in mid-tier and multinational law firms.  Rosalie holds a Bachelor of Laws and Master of Taxation from Monash University.  She is a Chartered Tax Adviser and regular presenter at seminars and conferences. Rosalie is also recognised by Best Lawyers® International for taxation.

This webinar is suitable for lawyers advising on stamp duty in Victoria, NSW and Queensland as well as property and commercial practitioners who regularly prepare and provide advice on commercial contracts. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

Lawyers can claim up to 1.25 CPD unit/points – substantive law.  This webinar has been designed to run for 1 hour and 15 minutes, however, webinar lengths can vary depending on the level of questions and discussion.