Daily Archives: July 17, 2016

Bell Group companies in liquidation – WA legislation to give the WA Government discretion as to how to distribute the proceeds of the liquidations held to be unconstitutional as inconsistent with Federal tax legislation

On Monday 16.5.16, the High Court unanimously held that the Bell Group Companies (Finalisation of Matters and Distribution of Proceeds) Act 2015 (WA) (the “Bell Act“) is invalid in its entirety by the operation of s109 of the Constitution because of inconsistency between its provisions and provisions of the Income Tax Assessment Act 1936 and the Taxation Administration Act…

Greens oppose backpacker tax

The Australian Greens have announced that they oppose the so-called “backpacker tax” (ie removing the tax-free threshold for overseas working holidaymakers in Australia with effect from 1 July 2016), saying it would unfairly impact on farmers and growers. Australian Greens spokesperson on Agriculture Senator Rachel Siewert said that “growers rely on working holiday makers for key seasonal work, such…

WA Budget 2016-17: land tax – no increase and reduced rate options will be examined

The WA Treasurer, on Thursday 12.5.2016, handed down the WA Budget 2016-17. Dr Nahan said there will be no increases to land tax noting some property owners had faced significant increases in their land tax assessments last year. He also noted that while the WA Government was not in the position to immediately reduce rates, it…

NSW payroll tax – Namoi Tyreright Pty Ltd v Chief Comr of State Revenue – discretion to degroup refused because business was not independent and of connections to others in the group

On Friday 13.5.2016, the NSW Civil and Administrative Tribunal affirmed a decision of the NSW Commissioner, refusing to exclude a taxpayer from a payroll tax group, pursuant to s 79 of the Payroll Tax Act 2007 (NSW). In August 2014, the Commissioner issued payroll tax assessment notices to the taxpayer in respect of the period 17 April 2012 to 30 June 2014. The assessments…

NSW: State Revenue Legislation Amendment Bill 2016 – receives Royal Assent – various tax changes included

The State Revenue Legislation Amendment Bill 2016 (NSW) received Royal Assent, as Act No 14 of 2016, on Wed 11.5.2016. It had passed all stages without amendment. The key amendments are as follows: amends the Duties Act 1997 (NSW) to: (i) make further provision relating to exemptions from duty for corporate reconstruction transactions; and (ii) provide for a reduction in…