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The AAT has affirmed a decision to impose stamp duty on a property involving an SMSF, which provides important lessons on accessing duty relief. Generally there are stamp duty exemptions in each stat
The AAT has recently affirmed the decision to impose stamp duty on a property involving an SMSF, providing important details on different implications and legal issues involved that can impact the access to duty relief.
R v R [2004] FLR 98). There is often a departure from equality in farming cases due to the non-matrimonial nature of some farming assets. For example, a farm which has been gifted, inherited and/or in the family for generations, in the expectation that it will be handed down, is an important factor which the court will take into consideration. Whilst a distinction can be made between matrimonial and non-matrimonial assets, the needs of one or both parties will dictate the sway of a settlement. However, needs are an elastic concept, and if needs can be satisfied without recourse to non-matrim...