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Simpson v Commissioner of State Revenue [2014] VCAT 533

This matter concerned an objection to duty assessed on the transfer of three 99-year leases of land to the taxpayers. The principal issue was whether the transfer of the leases was a dutiable transaction under s. 7(1)(b)(va), which was in force from 21 November 2008.

The Tribunal found in favour of the Commissioner and, in doing so, rejected the taxpayers’ argument that s. 7(1)(b)(va) did not apply in cases where the contract leading to the transfer was executed before 21 November 2008. This was because ‘the plain words of the section fix on the transfer or assignment as the transaction, not on the contract to transfer or assign’. In this case, although the contract was entered into before 21 November 2008, the transfer had occurred well after that date.

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