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Technical paper Tax

The imposition of stamp duty and land tax on a property transaction can result in a significant payment.  Understanding what transactions are dutiable is the first step in determining the most beneficial form of transaction for your client. This paper will look at the tax and duty liability arising from various common transactions, including:

? The conversion of holding from company shares to strata title – what liability is triggered and how?

? How to avoid double duty on changing the purchasing entity under “nominee” clauses

? Optimal structuring of related party transactions, particularly when the same party is both transferor and transferee

? Foreign purchaser duty surcharge – when does it apply and are there any exemptions?

? Land tax and stamp duty implications for property held in a discretionary trust, issues where a trust beneficiary is a foreign person

? Intergenerational family farm transfers – structuring for optimal tax and stamp duty concessions

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Written and Presented by: Andrew Rider Barrister Level 22 Chambers, 23rd September 2020.

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