08 Apr Advance Or Deferred Purchase Agreement
Companies that need expensive machinery – such as construction, manufacturing, factory leasing, printing, road transport, transportation and engineering – can use leases, as can startups that have few guarantees to establish lines of credit. Lease-to-sale contracts are generally more expensive in the long run than a full payment when buying assets. This is because they can have much higher interest costs. For businesses, they can also represent more administrative complexity. The date of payment of the purchase price of the tickets has been extended several times by notes of variation. In a gain to the taxpayer, Gzell J.A. stated that the interest activated was not an “advance” on the mortgages, as the parties had never agreed that the activated interest would be converted to “principle”. The Court held that if the interest activated had no advance, if it were a regular loan, it would also not be an “advance” whose financing agreement used would be a deferred purchase price structure. Since the purchase price and deferred loan agreements did not constitute an advance until July 1, 2009, the Tribunal recognized that there was no guaranteed amount when the tax was carried out. However, the Tribunal found that once the changes were implemented, there was an “advance” as an leniency and that the guaranteed amount became “the amount of all advances for which the tax was guaranteed” of USD 92,006,545. We strongly recommend that lenders and borrowers conduct a thorough review of all securities made available under existing acquisition price financing agreements if no tax has been paid on the deferred purchase price and additional time has been granted to confirm whether additional stamp duty is to be paid in New South Wales. Like leasing, leases allow companies with inefficient working capital to provide assets. It can also be tax efficient than standard credits, as payments are accounted for as expenses – although all savings are offset by possible tax benefits on depreciation.
In the recent case of Bondi Beachside Pty Ltd/Chief Commissioner of State Revenue  NSWSC 21, Gzell J.A. of the Nsw Supreme Court, that an agreement (in writing) to extend the payment date for the purchase of a credit note as part of a deferred purchase price/loan financing agreement constituted leniency (and was therefore an “advance” within the meaning of Section 206 of the Duties Act 1997 (NSW). The case involved a credit structure for the deferred purchase price outstanding prior to July 1, 2009, with NAB (National Australia Bank Limited) taking out bonds and Bondi Notes Pty Limited issuing the bonds with a total face value of $92,006,545. The objective of the agreement was to finance the acquisition of the Swiss Grand Hotel in Bondi. A deferred sales contract (CCA) is a financial instrument that derives its value from the value of another reference asset such as an index, stock or commodity.