Tax equality? No longer one of life’s two certainties for same-sex couples
For immediate release: 30 August 2006
Following a decision in the Administrative Appeals Tribunal (AAT) denying a same-sex couple capital gains tax concessions upon property division, the Victorian Gay and Lesbian Rights Lobby (VGLRL) has called on the Howard Government to remove discrimination against same-sex couples in Commonwealth legislation.
Spokesperson Gerard Brody said that the AAT decision confirmed previous decisions that same-sex couples are not treated on a like basis to mixed-sex couples when it comes to tax and superannuation laws. The concession allows capital gains tax to be deferred upon property division after a breakdown in relationship, but only applies to heterosexual couples.
“Previously the tax office had decided that partners in same-sex relationships do not qualify for tax concession as they are not considered to be ‘spouses’ within the income tax legislation” said Mr Brody, “This decision confirms that the tax office’s past practice is right and that the law is discriminatory against same-sex couples”.
“There is nothing the tax office or the AAT can do in these circumstances to address the discrimination” said Mr Brody “it is up to the Howard Government to change the laws. Mr Howard has said that he is willing to review discriminatory legislation on a case-by-case basis. Well this is clearly such a case, and we will be raising this issue again with him and the Treasury Department”.
“This discrimination does not just relate to capital gains tax, but all sorts of tax rebates and superannuation entitlements” said Mr Brody.
The VGLRL has provided details of this type of discrimination to the Human Rights and Equal Opportunity Commission (HREOC) which is currently undertaking an inquiry into discrimination against same-sex couples.
“We are hoping that HREOC will recommend for an amendment to the definition of spouse under tax law. We also look forward to a private member’s bill from Mr Warren Entsch which is proposing to do the same thing” said Mr Brody.
For further information, contact Gerard Brody on 0417 484 438.
For immediate release: 30 August 2006
Following a decision in the Administrative Appeals Tribunal (AAT) denying a same-sex couple capital gains tax concessions upon property division, the Victorian Gay and Lesbian Rights Lobby (VGLRL) has called on the Howard Government to remove discrimination against same-sex couples in Commonwealth legislation.
Spokesperson Gerard Brody said that the AAT decision confirmed previous decisions that same-sex couples are not treated on a like basis to mixed-sex couples when it comes to tax and superannuation laws. The concession allows capital gains tax to be deferred upon property division after a breakdown in relationship, but only applies to heterosexual couples.
“Previously the tax office had decided that partners in same-sex relationships do not qualify for tax concession as they are not considered to be ‘spouses’ within the income tax legislation” said Mr Brody, “This decision confirms that the tax office’s past practice is right and that the law is discriminatory against same-sex couples”.
“There is nothing the tax office or the AAT can do in these circumstances to address the discrimination” said Mr Brody “it is up to the Howard Government to change the laws. Mr Howard has said that he is willing to review discriminatory legislation on a case-by-case basis. Well this is clearly such a case, and we will be raising this issue again with him and the Treasury Department”.
“This discrimination does not just relate to capital gains tax, but all sorts of tax rebates and superannuation entitlements” said Mr Brody.
The VGLRL has provided details of this type of discrimination to the Human Rights and Equal Opportunity Commission (HREOC) which is currently undertaking an inquiry into discrimination against same-sex couples.
“We are hoping that HREOC will recommend for an amendment to the definition of spouse under tax law. We also look forward to a private member’s bill from Mr Warren Entsch which is proposing to do the same thing” said Mr Brody.
For further information, contact Gerard Brody on 0417 484 438.
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