May 2020

With new land tax provisions coming into effect on 1 July 2020, many land owners have already received letters from RevenueSA ‘requesting’ that they visit the RevenueSA portal to upload and/or confirm required information. For many, this may be a demanding and complex task, as required information may include details of trust arrangements (including supporting documents), details of related companies and various nominations. These letters 'request' taxpayers to log in to the portal by various dates in June 2020, so as to give RevenueSA more time to process the information. However, this is not compulsory by law. Relevant legislation provides the following: Trustees must disclose the existence of trust relationships by 31 July 2020. Trustees under discretionary trusts must nominate a designated beneficiary by 30 June 2021 or the ability to nominate may be lost.Trustees have until 30 June 2021 to nominate the beneficiaries of a fixed trust, or the unitholders of a unit trust, for the 2020/2021 land tax year. Accordingly, there is no legal requirement to log on to the portal and attend to the above matters immediately. That said, it may be beneficial to do so as early as possible, so as to give yourself sufficient time to plan for the upcoming changes (and in particular, what nominations can and should be made). For more details, see RevenueSA’s updated website and recent...

disclaimer/use of this informationthis information is general in nature and does not constitute legal advice. you must not rely on it. legal advice based on your specific circumstances should be sought by you. On 7 April 2020, the National Cabinet announced a Mandatory Code of Conduct (Code) to apply to small and medium sized commercial tenancies impacted by the COVID-19 pandemic. The Code aims to alter the rights of affected landlords and tenants for commercial tenancies and is intended to have nationwide application. However, each State needs to introduce legislation or regulation to adopt, implement and enforce the Code. What is the Code? The Code applies from 7 April 2020. It will apply to commercial tenancies for as long as the Commonwealth’s JobKeeper program operates. The Code applies to: small or medium sized commercial enterprises (including retail, office and industrial tenancies) with an annual turnover of less than $50 million per year (measured at the franchisee level for franchises and at the group level for retail corporate groups). It is thought the intent is for the grouping to apply to all corporate tenants, not just retail groups; andthat are eligible for the Commonwealth’s JobKeeper program.   The key requirements The Code is based on good faith leasing principles and is designed to encourage...

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