Property Transaction Taxes QLD: Stamp Duty, Land Tax, GST & Development

Spend one afternoon building a comprehensive and effective property tax toolkit that you can use immediately in your practice. You’ll gain information, updates and strategies through in-depth and practical presentations on key property tax issues effecting the Queensland market. Examine stamp duty, decode GST and land tax in property transactions and question whether selling a property to developers is really capital.

Thursday, 7 September 2023
Chair:

Sam Mohammad, Director, Indirect Tax, RSM Australia Pty Ltd

4.15pm to 5.15pm Selling a Property to Developers: Is it Really Capital?
  • Issues to watch out for/how to recognise a tax issue
  • Sale vs development agreement vs joint venture: high level differences
  • Business income v isolated income v capital
  • GST: enterprise or not?
  • Case study: consequences of getting it wrong

Presented by Kimberley Barnes, Associate, McInnes Wilson Lawyers

2.00pm to 4.00pm Stamp Duty Guide

As the State Revenue Offices constantly evolve the duty considerations in property development, it is critical to be up to date. Receive a practical guide to Stamp Duty for common property transactions including:

  • Acquisition tips and traps
  • Foreign owner surcharges
  • The duty treatment of options
  • Sub-sales and nominee clauses
  • Partitioning property

Presented by Alex Whitney, Senior Associate, West Garbutt; Rising Star, Tax Law, Doyle’s Guide 2022

 

Decoding GST and Land Tax in Property Transactions
GST and Land Tax: Issues for Property Lawyers

All property transactions will have GST implications and often there will be land tax considerations associated with the disposal and acquisition of land. Clients often place trust in their property lawyers to ensure these tax risks are properly identified and managed.

  • GST risk: What it is and how it could impact every transaction a lawyer is asked to document
  • Taxable, input taxed and GST-free supplies and how to ensure clauses are drafted in an appropriate manner
  • Drafting land tax clauses for leases and sale contracts to protect client interests

Presented by Lyndon Garbutt, Principal, West Garbutt; Leading Tax Lawyer, Doyle’s Guide 2020 – 2022

Description

Attend and earn 3 CPD units in Substantive Law
This program is based on QLD legislation

4.00pm to 4.15pm Afternoon Tea

Presenters


Sam Mohammad, Director, Indirect Tax, RSM Australia Pty Ltd
Sam Mohammad leads RSM's National indirect tax practice and has over 16 years' experience advising on indirect taxes. Sam specialises in providing practical and easy to understand GST, duty, payroll tax and fuel tax credit advice on complex matters, with a particular focus on clients in the property, government, mining and infrastructure sectors. Sam's client base includes ASX-listed property developers (both residential and commercial), multinational mining and energy companies, mid-scale and boutique developers and government departments and agencies. Sam Mohammad is a Partner of RSM Australia Partners and a Director of RSM Australia Pty Ltd.


Alex Whitney, Senior Associate, West Garbutt
Alex is a qualified lawyer and chartered tax advisor and advises in respect of income tax, GST and state tax matters. Alex acts for a broad range of clients, including family businesses, high wealth private groups, national non-profit organisations, deceased estates and corporate groups. He has acted on large transactions which required significant tax involvement, provided tax advice on complex structures and transactions, and has represented clients in complex audits, objections, Administrative Tribunal matters and appeals to the Federal Court. In 2020 the Doyle’s Guide included Alex on its list of Tax Law Rising Stars – Australia, a national list of non-partner tax lawyers who have been identified for their work and expertise in tax.


Lyndon Garbutt, Principal, West Garbutt
Lyndon is a qualified lawyer, chartered accountant and chartered tax adviser who advises on GST, payroll tax, land tax, income tax, capital gains tax and the establishment of private ancillary foundations. His diverse experience in dealing with the Australian Taxation Office (ATO) from an accounting and a legal perspective has given him a valuable insight into the motivation of agencies. Lyndon has acted for clients from diverse backgrounds in a wide range of industries, including the non-profit and charities sector. He has been involved in representing the interests of clients during ATO reviews and audits, drafting objections to ATO decisions and drafting applications for private binding rulings. Lyndon has also successfully negotiated with the ATO regarding the imposition of penalties, remission of interest charges, lifting of garnishee orders and negotiations regarding director penalty notices and payment arrangements. Lyndon has acted for clients in appeals to the Administrative Appeals Tribunal, successfully negotiating settlements before the commencement of formal proceedings. Lyndon’s experience also includes drafting and managing submissions to State revenue authorities regarding land tax and the application of payroll tax, including during State revenue authority audits. Lyndon drafts and lodges objections and appeals against payroll tax assessments and Commissioner decisions, including decisions relating to grouping of businesses for payroll tax purposes and the application of the contractor and employment agent provisions. Lyndon’s expertise has been recognised by his peers for many years. The Doyles Guide has recognised Lyndon as a leading tax lawyer in Queensland since 2019. Lyndon has been recognised by his peers for inclusion in the The Best Lawyers™ in Australia since 2023 for Tax Law in Queensland.


Kimberley Barnes, Associate, McInnes Wilson Lawyers
Kimberley Barnes is a highly skilled and accomplished Associate, specialising in the taxation & revenue field within the corporate and commercial advisory division. With her extensive expertise and comprehensive understanding of the intricacies of tax law, she provides exceptional legal services to both businesses and private clients. Kimberley’s commitment to her clients is unwavering and her tenacious, astute and dedicated work ethic sets her apart in the legal profession. Equipped with a Bachelor of Laws and Commerce, Kimberley’s accounting background thoroughly complements her legal acumen. Having been admitted as a lawyer in 2016, she possesses a wealth of experience, enabling her to navigate complex legal matters with precision and skill. Kimberley’s meticulous attention to detail, combined with her strong analytical skills, ensures that her clients receive the highest level of representation and advice. She is dedicated to achieving favourable outcomes and exceeding expectations, earning her a reputation for excellence and reliability.

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Property Transaction Taxes QLD: Stamp Duty, Land Tax, GST & Development

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Single Session
Thursday, 7 September 2023
2.00pm to 5.15pm Australia/Brisbane
CPD Points 3
$420.00
Face to Face 20241123 20230907

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Venue
Cliftons - Brisbane

Level 24, 288 Edward Street, Brisbane 

Directions

Nearby Public Transport:
Train Stations - Brisbane Central Train Station
Bus Interchange - Adelaide St Stop 24

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