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QRO Refusing to Stamp Family Trust Property Transfers Exempt from Duty
I established a Private Family Trust with Mark Back in Novemberm 2022. We then signed over a family property to the Trust on December 2nd following all the relevant requirements including Oaths (Evidence) & Paperwork signed and endorsed by a JP and then filed with the Qld Revenue Office (QRO) for Stamp Duty Exemption & Stamping. It took the QRO in excess of 5 weeks to assign an officer after telling me early on it was an “Intermediate matter”. This made me nervous, and they did not disappoint me. My first communication came back in January saying the transaction was dutiable (in stark contrast to the provisions of the Duties Act 2001). I wrote a letter refuting their claim in the context of the Legisation, and they came back to me not acknowledging anything I had written about, but deflecting the exchange from their original points raised to a different division of the Act adding that Div 4 Section 55 of the Legisation was the problem not Div 2 Section 118 the latter of which is the exemption clause. They did not get specific with this problem in writing, but later when they phoned me, they claimed verbally that there was nobody taking an interest in the Trust as a Default Benefitiary on the day of the property Transaction on Dec 2nd. I wrote back again documenting their advice, and refuting this claim based on the definitions in the Legislation which clearly showed there was no timing assigned to a Beneficiary taking interest in a trust relating to a property transaction which therefore supported our exemption application. They refused to reply to this latter letter only sending me further emails repeating their prior Contract Offer of “Dutiable” and that I had to submit a property valuation to have the Application fully assessed. I refused to submit that valuation understanding that I would be consenting to their “Contract Offer” of Dutiable and would ultimately be issued a Notice for the Duty. They then told me verbally in a phone call that appeal to the ruling was only possible after the assessment on their terms inc me providing the valulation. They have also now refused to respond to a further letter of mine contesting their spurious verbal advice which I documented in that letter. We are now at a standoff and I am considering Serving Notice on the Acting Commissioner to receive a response as to why the transaction is not excempt in light of the Duties Act 2001 which is emphatic.
My question to everyone is “Has anyone had similar problems doing this, or has anyone had success in performing this exempt transaction without resistance from the QRO”
These goings on suggest to me that something internal to the Qld Government has changed in relation to these Private Trusts, and possibly because Mark’s Entity has authored them. I am concerned that if I do Notice the Acting Commissioner and recieve no reply, then file with the Supreme Court for ex parte ruling that a similar thing will happen to those who attempted ex parte rulings for the Vax letters, which was the Supremes closed ranks and refused to rule against the Qld Government. Obviously I am discussing this with Mark when he has time available (which is not that often), but the way I’m seeing this is that this move of the QRO will likely affect everyone who is attempting to do this sort of thing in future using Mark’s Trust Deed. Let me know your thoughts. Have I got this wrong?
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This discussion was modified 1 year, 6 months ago by
david-george.
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This discussion was modified 1 year, 6 months ago by david-george.
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This discussion was modified 1 year, 6 months ago by david-george.
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This discussion was modified 1 year, 6 months ago by david-george.
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This discussion was modified 1 year, 6 months ago by
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15 Replies
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Hi I haven’t heard of anyone else having these problems. Mark has a Q and A on Wednesday next week at 7pm, maybe you ask him to give you a time for a on one zoom meeting then.
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Thanks I will do this. Mark has been very busy, and the system does not allow me to book time with him yet.
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It seems to me possibly the most effective response to what they are doing is to do a three step Conditional Acceptance Notice process with Affidavit, to establish an agreement with them before Court so you are ready to face them with the competent paperwork and the right questions. If you are unsure how to do this then complete the Non consent to Vaccine paperwork which is free for members. This is how I learnt to do this and I was successful with my three step Notice in a matter I was dealing with in the private. I KNOW this was due to learning the process through Mark’s documents and basically using his process (once I had successfully completed it) as a template for mine. I also got information from a youtube channel https://www.youtube.com/watch?v=jUZsqaKe6Sc I did heaps of study watching many webinars and I still do to this day as we never stop learning.
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Yes I am very aware of the Noticing process and mostly how to write them. I have already asked Mark via Email if this is the appropriate way to move forward, but he has been too busy to reply. Once again, I am concerned that if I receive no reply that the Supreme court will close ranks (as they have with other petitions) and refuse to issue an Ex Parte Ruling against the Government.
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If you start studying how court works and the scripts etc you will learn that most of the time the courts will not pass a judgment against a corporation, but if you are competent and the right questions to ask then an outcomes can potentially be a private meeting with the adversary where the judge expects them to come to a private agreement with you and make sure you are treated equitably. If you learn this process to add to what you have already learnt you will have a much higher chance of success. It is always better to settle in the private as it is much easier to get your remedy there especially if the judge has ordered them to do so.
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Thanks Morag, I’ve now written a Notice for the Acting Commissioner and Mark gave me some time this week to review it with a good result. Hopefully we cause the QRO to back off and just wave the trnsaction through. Regds
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Fantastic!!! We are so lucky to have Mark’s wisdom aren’t we and you’re one of the people who are prepared to learn and take action, you’re a great example for everyone.
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Can you point me to these resources Morag? Appreciate your assistance.
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Which specific resources are you looking for?
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start studying how court works and the scripts etc… ie the text of your prior comment above… if you are competent and the right questions to ask then an outcomes can potentially be a private meeting with the adversary where the judge expects them to come to a private agreement with you and make sure you are treated equitably. If you learn this process to add to what you have already learnt you will have a much higher chance of success….
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This reply was modified 1 year, 4 months ago by david-george.
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This reply was modified 1 year, 4 months ago by
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https://solutionsempowerment.org/webinar-how-to-apply-set-up-questions-to-settle-any-matter-in-your-favour-win/ https://solutionsempowerment.org/webinar-how-to-address-the-court-to-win-your-case/ Module 17 Court Role play Module 25 Settle any Outstanding Matter With An Adversary at a Round Table
Webinar: How To Apply Set Up Questions To Settle Any Matter In Your Favour & Win
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Also, Mark has mentioned before in webinars to get to know the Civil Procedure Rules. This document is massive. Are there any materials that SE have to navigate these? I was looking on YTube and found an English Barrister who has a course on understanding the Civil Procedure Rules in the UK. Is this worth paying for to get a 5,000 foot view? I guess for me personally, just reading the Qld Rules with all its nomenclature will be like attempting to read a Greek Text without a guide. What do you think?
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Module 31 Pursue a Claim through the courts Module 32 Defending a claim Through the Courts will probably cover the procedural rules that are the most important. If you do want to study the Rules Of Procedure then download them in PDF form and just do a word search for the specific things you need to know once you have studied the appropriate webinars alongside the Modules.
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Many Thanks Morag. Really Appreciate your assistance
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That’s my pleasure 🙂
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