Mazza v CSR (Review and Regulation) [2015] VCAT 1190
The Commissioner assessed the taxpayer to duty over a transfer of lease of commercial property in Mildura. The sole issue was the dutiable value of the lease.
The Commissioner relied on a valuation supplied by the Valuer-General which valued the unencumbered value of the land that was subject to the lease at $300,000, in accordance with the statutory requirement in s20(3)(b) of the Act. On the other hand, the taxpayers relied on a valuation that valued their interest under the lease at $230,000.
By order dated 3 August 2015, the Tribunal confirmed the Commissioner’s assessment, ultimately accepting the Valuer-General’s valuation as it was the only evidence before the Tribunal of the unencumbered value of the land that was subject to the lease.
