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Background

In 2019, the taxpayers – aged in their 70s – both retired. Each holders of a pensioner concession card, they contracted to purchase land in Ascot Vale. On the transfer of this land to them, they applied for and were granted a pensioner concession under s 59 of the Duties Act 2000 (the Act). In 2021, the taxpayers sold the land in Ascot Vale and contracted to purchase land in Rosebud, for which they also applied for the pensioner concession.

Issue

Whether the taxpayers were entitled to the pension concession (again) on the Rosebud property.

Decision

On 28 July 2023, the Tribunal affirmed the Commissioner’s assessment of duty on the Rosebud property ad valorem. The Tribunal found the taxpayers were not eligible pensioners within the meaning of the Act with respect to the acquisition of the Rosebud land because they had previously been granted the pensioner concession such that they could not satisfy s 58(1)(d), which required the taxpayers to have not previously received an exemption under s 59 of the Act.

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