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Posted by on in General
● A foreigner stamp duty surcharge applies to properties purchased in VIC, NSW and QLD
● It's not yet clear if other states will follow
● Some foreigners and temporary Australian residents may be able to avoid the additional costs
 
21 February 2017, Sydney, Australia - The Australian government has been forced to turn up the heat on foreign investment and slapping temporary residents with a stamp duty surcharge is the latest addition to their toolbelt.
 
Victoria (VIC) was the first state to introduce a stamp duty surcharge but, since then, New South Wales (NSW) and Queensland (QLD) have followed suit.
 
For the time being, surcharges on stamp duty or land transfer duty only apply to these three east coast states.
 
However, depending on your circumstances, you may still be able to avoid the additional stamp duty.
 
Stamp duty surcharge in VIC
 
It applies if:
 
● You’re a foreign citizen or a temporary resident
● You signed the Contract of Sale after 1 July 2015.
 
How much is it?
 
Prior to the additional stamp duty changes that came into effect on 1 July 2015, duty in Victoria was applied on a sliding scale, starting at 1.4 per cent for properties valued at $25,000 and rising to 5.5 per cent for those valued at $960,000 and above.
 
These rates still apply but the SRO Vic now charges an additional duty of 3% of the property value for contracts signed between 1 July 2015 and 30 June 2016.
 
That means a 7% additional land transfer duty applies to all property purchased from 1 July 2016 onwards.
Luckily, a surcharge only applies to stamp duty and not land tax.
 
The only exception to this is the so-called absentee land tax surcharge which increased from 0.5% to 1.5% on 1 January 2017.
 
This applies to absentee owners of land.
 
Case study
 
For an $800,000 property in Victoria, the normal stamp duty is $43,070.
 
For foreigners and temporary residents, your stamp duty now shoots up to $99,070 for the same property. That’s $56,000 more!
 
Be sure to check the State Revenue Office Victoria (SRO Vic) for more information.
 
Stamp duty surcharge in NSW
 
A stamp duty surcharge applies if:
 
● You’re a foreign citizen or a temporary resident. 
● You signed the Contract of Sale after 21 June 2016.
 
In addition to the additional stamp duty, an extra land tax duty applies to purchases made from 1 January 2017.
 
Neither surcharge applies if you're buying a commercial property such as a retail shop front or office space.
 
How much is it?
 
In specific circumstances, a 4% stamp duty surcharge and a 0.75% land tax surcharge applies.
 
Case study
 
Previously, stamp duty on a $800,000 property for both Australian citizens and temporary residents would have been $31,490.
 
Temp residents now have to pay up to $63,490, a $32,000 increase.
 
It's best to check out the NSW Office of State Revenue website to stay on top of any further changes.
 
Stamp duty surcharge in QLD
 
It applies if:
 
● You’re a foreign citizen or a temporary resident. 
● You signed the Contract of Sale after 1 October 2016.
 
How much is it?
 
A 3% stamp duty surcharge applies.
 
Case study
 
Previously, stamp duty would have been $21,850 for an $800,000 property in QLD.
 
You’re now paying $45,850 which is a $24,000 increase.
 
You should refer to the QLD Office of State Revenue website for more information.
 
How else can I avoid extra stamp duty?
 
The extra stamp duty or land tax surcharge doesn't apply in the following circumstances:
 
● You’re an Australian citizen.
● You're an Australian citizen living and working overseas (an Aussie expat).
● You're a permanent resident.
● You're a New Zealand citizen on a Special Category Visa (subclass 444).
● You're buying in the name of your spouse is an Australian citizen or permanent resident.
 
If these options don't apply to you, the other two solutions are to:
 
● Purchase in a state that doesn't apply the extra stamp duty surcharge.
● Wait until you become a permanent resident.
 
Author: homeloanexperts.com.au
 
 
About homeloanexperts.com.au
 
homeloanexperts.com.au is one of Australia’s leading specialist mortgage brokers.
 
Founded in 2006 by managing director Otto Dargan, the brokerage specialises in no deposit, unusual employment, non-residents and bad credit, as well as first home buyers, investors and discounts for professionals.
 
With a loan book of more than $1 billion, homeloanexperts.com.au has won a number of industry and consumer awards including being named one of the top 10 independent brokerages of 2014 and winning ‘Best Customer Service’ in the 2015 and 2016 Better Business Awards as well as the ‘Major Brokerage Of The Year - Non-Franchise’ in the 2015 Australian Broking Awards. 
 
a1sx2_Original1_Otto_OrgBG_Color_3_1200x1800.jpg
 
 
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Posted by on in General

What is the consequence if the Secretary of the Department does not forward to the Tribunal all documents that are relevant to a review, and the review applicant conducts her/his case on the mistaken assumption that a certain critically important document is before the Tribunal when it is actually not before the Tribunal?

Does that amount to jurisdictional error which would warrant the quashing of an AAT decision that is adverse to the applicant?

A recent decision of the Full Court, BBS15 v Minister for Immigration and Border Protection (2017) FCAFC 61 (13 April 2017) tells us that it is.

...
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Posted by on in General
Due to a high volume of demands we are extending the offer with American Express for ONE more week!
 
Check out this facility whereby you can pay and earn points for your business expenses, application fees and even ATO (PAYG/BAS) etc with American Express Business Cards.
 
This allows you to:
  • Get up-to 51 Days Payment Extensions, with no interest, which gives you breathing space and extended cash flow
  • Earn Membership Rewards Points, for every dollar spent, transferrable to 10 different Airlines partners and gift vouchers
  • Most Programs come with insurance
  • There’s 100,000 Bonus Points offer
Please note: This offer is exclusive to the month of April only. It is a short and simple process. Give Farisa Sajjad in the Business Team a call before the 25th of April to find out more. Details below:
 
Farisa Sajjad
P: +61 3 9633 6670  M: +61 448 088 187
E:  This email address is being protected from spambots. You need JavaScript enabled to view it.
 
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Posted by on in General

How strict is the mandatory visa cancellation regime under section 501(3A) of the Migration Act

Very! 

How difficult is it to challenge the Minister's decision not to revoke the mandatory cancellation of a visa? 

...
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Posted by on in General

DIPB has published their list of occupations to be removed from CSOL effective tomorrow, 19 April 2017:

List of removed occupations

Occupations entirely removed from the list of eligible skilled occupation on 19 April 2017 are listed below.

OccupationANZSCO Code
Aboriginal and Torres Strait Islander Health Worker 411511
Actor 211111
Actors, Dancers and Other Entertainers NEC 211199
Aeroplane Pilot 231111
Air Traffic Controller 231112
Air Transport Professionals NEC 231199
Aircraft Maintenance Engineer (Avionics) 323111
Amusement Centre Manager 149111
Antique Dealer 142112
Apparel Cutter 393211
Archaeologist 272414
Archivist 224211
Art Director (Film, Television or Stage) 212311
Artistic Director 212111
Auctioneer 611111
Author 212211
Bed and Breakfast Operator 141911
Betting agency Manager 142113
Biochemist 234513
Biotechnologist 234514
Blacksmith 322111
Boarding Kennel or Cattery Operator 149911
Broadcast Transmitter Operator 399511
Building and Engineering Technicians NEC 312999
Business Broker 612111
Butcher or Smallgoods Maker 351211
Call or Contact Centre Manager 149211
Canvas Goods Fabricator 393111
Caravan Park and Camping Ground Manager 141211
Cinema or Theatre Manager 149912
Clinical Coder 599915
Clothing Patternmaker 393212
Clothing Trades Workers NEC 393299
Commissioned Defence Force Officer 139111
Commissioned Fire Officer 139112
Commissioned Police Officer 139113
Communications Operator 342312
Community Arts Worker 272611
Composer 211211
Conservation Officer 234311
Construction Estimator 312114
Conveyancer 599111
Corporate Treasurer 221212
Court Bailiff or Sheriff (Aus) / Court Collections Officer (NZ) 599212
Deer Farmer 121314
Defence Force Member - Other Ranks 441111
Defence Force Senior Officer 111212
Dental Hygienist 411211
Dental Prosthetist 411212
Dental Therapist 411214
Detective 441311
Director of Photography 212313
Diver 399911
Dog or Horse Racing Official 452318
Drama Teacher (Private Tuition) 249213
Dressmaker or Tailor 393213
Driller 712211
Driving Instructor 451211
Education Reviewer 249112
Electorate Officer 224911
Electronic Engineering Draftsperson 312411
Electronic Engineering Technician 312412
Electroplater 322112
Emergency Service Worker 441211
Engineering Patternmaker 323411
Engraver 323311
Entertainer or Variety Artist 211113
Environmental Health Officer 251311
Exercise Physiologist 234915
Film, Television, Radio and Stage Directors NEC 212399
Financial Institution Branch Manager 149914
Fire Fighter 441212
Fire Protection Equipment Technician 399918
First Aid Trainer 451815
Fisheries Officer 311311
Flight Attendant 451711
Floor Finisher 332111
Flying Instructor 231113
Food Technologist 234212
Funeral Director 451311
Funeral Workers NEC 451399
Futures Trader 222212
Gallery or Museum Technician 399311
Gas or Petroleum Operator 399212
Geophysicist 234412
Goat Farmer 121315
Golfer 452412
Graphic Pre-press Trades Worker 392211
Gunsmith 323312
Helicopter Pilot 231114
Historian 272411
Homoeopath 252212
Horse Trainer 361112
Human Resource Adviser 223111
Hydrogeologist 234413
Hydrographer 311415
ICT Support and Test Engineers NEC 263299
ICT Support Technicians NEC 313199
Importer or Exporter 133311
Insurance Investigator 599611
Insurance Risk Surveyor 599613
Intellectual Property Lawyer 271214
Intelligence Officer 224411
Interior Decorator 399912
Jockey 452413
Judge 271211
Kennel Hand 361115
Leather Goods Maker 393112
Legal Executive 599112
Liaison Officer 224912
Licensed Club Manager 141411
Life Scientist (General) 234511
Life Scientists NEC 234599
Light Technician 399513
Magistrate 271212
Maintenance Planner 312911
Marine Surveyor 231215
Marine Transport Professionals NEC 231299
Market Research Analyst 225112
Master Fisher 231211
Mechanical Engineering Draftsperson 312511
Media Producer (excluding Video) 212112
Metal Casting Trades Worker 322114
Metal Polisher 322115
Metallurgist 234912
Microbiologist 234517
Migration Agent (Aus) 224913
Mothercraft Nurse 411412
Multimedia Designer 232413
Music Director 211212
Music Professionals NEC 211299
Musical Instrument Maker or Repairer 399515
Natural and Physical Science Professionals NEC 234999
Nurse Researcher 254212
Nurseryperson 362411
Operating Theatre Technician 311214
Optical Dispenser (Aus) / Dispensing Optician (NZ) 399913
Optical Mechanic 399914
Other Sports Official 452323
Painter (Visual Arts) 211411
Park Ranger 234314
Parole or Probation Officer 411714
Pathology Collector (Aus) / Phlebotomist (NZ) 311216
Petroleum Engineer 233612
Plastics Technician 399916
Plumbing Inspector 312115
Police Officer 441312
Policy Analyst 224412
Policy and Planning Manager 132411
Potter or ceramic artist 211412
Prison Officer 442111
Procurement Manager 133612
Production Manager (Manufacturing) 133512
Public Relations Manager 131114
Quarantine Officer 311313
Radio Journalist 212414
Radio Presenter 212113
Railway Station Manager 149412
Regional Education Manager 134412
Research and Development Manager 132511
Retail Buyer 639211
Retirement Village Manager 141912
Safety Inspector 312611
Sail Maker 393113
Sales Representative (Industrial Products) 225411
Sales Representative (Medical and Pharmaceutical Products) 225412
Saw Maker and Repairer 323315
School Laboratory Technician 311414
Screen Printer 392112
Sculpter 211413
Senior Non-commissioned Defence Force Member 139211
Shearer 361211
Shoemaker 393114
Singer 211214
Small Offset Printer 392312
Sports Administrator 139915
Sports Umpire 452322
Stock and Station Agent 611112
Surveying or Spatial Science Technician 312116
Technicians and Trades Workers NEC 399999
Telecommunications Cable Jointer 342412
Telecommunications Technician 342414
Television Equipment Operator 399517
Television Presenter 212114
Training and Development Professional 223311
Translator 272413
Travel Agency Manager 142116
Travel Attendants NEC 451799
Tribunal Member 271213
Turf Grower 121218
Vehicle Painter 324311
Vocational Education Teacher (Non-Trades) 242211
Vocational Education Teacher (Trades) 242211
Web Developer 261212
Wholesaler 133312
Wood Turner 394214
Wool Buyer 639212
Wool Classer 399917
Workplace Relations Advisor 223113
Zookeeper 361114
 
We will continue to keep you updated as further news arises.
 
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