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Key decisions

  • Estate of Baissari; Chehade v El Khoury [2020] NSWSC 563
  • Taxation Administration (Remedial Power – Disclosure of Protected Information by Taxation Officers) Determination 2020
  • In the Estate of Jansen [2020] ACTSC 130 
  • Case 642532 (concerning OnePath Custodians Pty Limited)

State Revenue Legislation Further Amendment Bill 2020 (NSW) 

This Bill was passed by the Legisaltive Council on 18 June. The Bill imposes surcharge purchaser duty and/or surcharge land tax on a discretionary trust acquiring or owning land in NSW if a potential beneficiary of the trust is a foreign resident. Grandfather provisions are intended to exclude wills executed up to 31 December 2020. This should alleviate the problem of existing wills which cannot be amended due to issues with the testator’s mental capacity. (Further information will be available in a detailed article planned for the next edition of the Journal.)

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