Victoria’s Commissioner updates ruling on landholder duty for capital raisings, issues amnesty

The Commissioner’s updated aggregation ruling and voluntary disclosure program reflects the unfavourable shift by the Victorian judiciary and the SRO in the interpretation and administration of Victorian landholder duty for capital raisings, as outlined by Sarah Shaw, Tessa Livingston, Jonathan Rogic and Remy Marshall.

The Victorian Commissioner of State Revenue (Commissioner), on 8 October 2024, issued an updated ruling Revenue Ruling DA-057v2– Landholder Provisions – Meaning of Associated Transaction (Updated Ruling) to reflect the Commissioner's interpretation of the decision in Oliver Hume Property Funds (Broad Gully Rd) Diamond Creek Pty Ltd v Commissioner of State Revenue [2024] VSCA 175 (Oliver Hume). The Commissioner states that the Oliver Hume decision: "...affirms the Commissioner's ...

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Authors: Sarah Shaw, Tessa Livingston,

Published Date: 14 October 2024