本篇澳洲代寫-关于印花稅的案例讲了印花稅是國家法律在購買或購買房產或任何商業綜合體時徵收的商業稅。根據安妮會計師的建議，該房產以公司的名義由安妮全資擁有。2012年，安妮以60萬美元的價格買下了這處房產，2015年9月，她花了100萬美元翻修了這處房產。該物業以聯名名義轉讓，因此印花稅由該物業的聯名業主承擔。安妮在把房子賣給彼得和凱倫之前，已經繳納了所有的印花稅和稅金。本篇澳洲代寫文章由澳洲第一論文 Assignment First輔導網整理，供大家參考閱讀。
Stamp duty is commercial tax imposed by state laws while buying or purchasing the property or any commercial complexes. The property was in name of the company Glebe Property Pty Ltd owned fully by Anne based on the advice from her accountant. Annie bought the property in 2012 for $600,000 and renovating the selling cost was $1 Million in Sep, 2015. The property was transferred in joint name and hence the stamp duty was according to the joint owners of the property. Annie has paid all the stamp duty and taxes properly till the time of selling the property to Peter & Karen.
Since Annie has paid all the taxes and stamp duty at the time of purchasing the property so Annie is not liable for any obligations for paying any kind of stamp duty. In case of Peter & Karen, since the property was transferred to their name on Sep 2015 but the stamp duty was not paid that time so on March 2016, the time applicable to pay the stamp duty got over, and hence Peter & Karen is liable to pay the stamp duty with penalty as per the Taxation Law under Taxation Administration Act 1996 and s18 (AUGOV, 2016). The stamp duty will be reduced as the 50% property has been transferred to Karen because the transactions will be split.
Yes, this is correct. The stamp duty would be less in this case because the property is then owned by the company shareholder itself and the property will have lax tax compliances. This will be because the valuation of the property will be changed according to the shares of the company assigned to Mr. Peter. In this scenario, the stamp duty is determined in accordance with the ownership in the company and the company is not deemed to be the owner of the property according to s21A LTMA. This is because this property would be classified as dutiable property as per the DUTIES ACT 1997 – SECT 11 (Pinto, 2012).
Anne has paid all the stamp duty and taxes while purchasing the property hence Anne as the seller is not responsible for any kind of obligations. Peter & Karen has not paid the stamp duty and taxes at the time of the purchase and also not within 3 months after purchasing the property form Anne. There is penalty amount of $180 per unit as the stamp duty was due after Sep 2015. Karen on the same line will also fall in to paying penalty cause half of the property is owned by her and the stamp duty was not paid for her part of property too.
As per the statement above the property was transferred without taking any kind of steps to save the tax. In order to keep the property tax free from land tax, there are certain steps as:
Use the property as ‘principle place of residence’
By declaring the property as principle place of residence the land can be opted for zero tax or under the special tax. The other cases are having property as NGO or for health or as for mine land. In case of Peter and Karen, this is not applicable and hence only primary place of residence is the only opportunity to get zero taxes on the land. This must be declared during the purchase of the property.