Transfers of partnership interests

Status: Withdrawn following the decision of the High Court of Australia on 1 December 2010 in the matter of Commissioner of State Taxation v Cyril Henschke Pty Ltd [2010] HCA 43 0
Version Number: 1
Legislation: Stamp Duties Act 1923
Date Issued: 4 December 2009

Revenue Rulings do not have the force of law.

Ruling

The Government has given approval for retrospective amendments to be made to the Stamp Duties Act 1923, to ensure that stamp duty remains payable in relation to transfers of partnership interests.

The amendment is potentially required to restore the stamp duty base to what was understood to be the position that existed prior to the decision of the Full Court of the South Australian Supreme Court (in Cyril Henschke Pty Ltd & Ors v Commissioner of State Taxation).

The Full Court decision has potentially wide-ranging implications for stamp duty assessments as they relate to transfers of partnership interests. The Stamp Duties Act 1923 will be amended to ensure that all past and current assessments in relation to transfers of partnership interests remain valid.

Instruments lodged for opinion based on the decision in the Henscke case, will be assessed based on a strict interpretation of that case.

View this Revenue Ruling as a PDF (PDF 220KB)