A public ruling, when issued, is the published view of the Commissioner of State Revenue (the Commissioner) on the particular topic to which it relates. It therefore replaces and overrides any existing private rulings, memoranda, manuals and advice provided by the Commissioner in respect of the issue(s) it addresses.
Where a change in legislation or case law (the law) affects the content of a public ruling, the change in the law overrides the public ruling—that is, the Commissioner will determine the tax liability or eligibility for a concession, grant or exemption, as the case may be, in accordance with the law.
A development application was approved by a local government. An infrastructure charges notice was given by the local government to the developer under Chapter 8 Part 2 of the Sustainable Planning Act 2009. Instead of paying the infrastructure charge, the developer and the local government agree, under section 639 of that Act, to the developer transferring land to the local government subject to a condition that the land must be held on trust in fee simple for public park infrastructure and/or local community facilities. The transfer states the consideration to be $1. In this instance, the Commissioner accepts a valuation of the land provided by a qualified local government employee that the land has nominal value due to the restriction placed on the land that it must be held on trust for public and/or community purposes.
Commissioner of State Revenue
Date of issue: 29 March 2016
|Public Ruling||Issued||Dates of effect|
|DA505.2.2||29 March 2016||29 March 2016||Current|
|DA505.2.1||21 November 2013||21 November 2013||28 March 2016|
|Supersedes Practice Direction DA 27.1||1 March 2002||1 March 2002||23 February 2009|