Yearly Archives: 2016

WA land tax: Rapp and Comr of State Revenue – land tax imposed on the portion of the PPR exempt land that became non-exempt on the subdivision (up to 5 years before the subdivision under the Act)

A taxpayer has been unsuccessful before the WA State Administrative Tribunal in a matter concerning the construction of s14 of the Land Tax Assessment Act 2002 (WA). In 2007, the taxpayer and her husband (now deceased) acquired a 16 hectare property which included 2 houses. Land tax was payable until May 2015 when the taxpayer informed…

NSW payroll tax: The National Institute of Dramatic Art (NIDA) v Chief Comr of State Revenue – despite being charitable, payroll tax exemption refused under ‘school or college’ carve out – ‘school like activities’ predominant

On Mon 17.10.2016, the NSW Supreme Court refused a taxpayer’s application for a payroll tax refund for the period 1 July 2009 to 30 June 2014. The National Institute of Dramatic Art (NIDA) (the taxpayer) sought a refund of $2,540,040 of Payroll Tax, contending that its wages were exempt pursuant to cl 12(1)(c) of Sch 2 to the Payroll Tax Act…

Qld payroll tax: Brisbane Bears – Fitzroy Football Club Ltd v Comr of State Revenue – payment for the right to use the image of players for marketing and promotional purposes held to be taxable ‘wages’

On Fri 14.10.2016, the Qld Supreme Court dismissed an appeal by the Appellant football club to payroll tax assessments, to the extent that it included, as wages, amounts paid for the use of images of players and coaches  for the Club’s promotion and marketing. There was a Collective Bargaining Agreement covering, amongst other things, the…

Superannuation reforms – tranche 3 – reducing non-concessional contributions limit from $180k to $100k pa and simplifying ‘release authority’ provisions

Superannuation reforms – tranche 3 – reducing non-concessional contributions limit from $180k to $100k pa and simplifying ‘release authority’ provisions On Friday 14.10.16, the Government released Tranche 3 of the draft legislation to implement its 2016-17 Budget superannuation reforms: exposure drafts of the Treasury Laws Amendment (Fair and Sustainable Superannuation) Bill 2016 and the relevant…

Tasmanian taxes: Taxation and Related Legislation (Miscellaneous Amendments) Bill 2016 – harmonise payroll tax for owner-drivers; duty of vesting of dutiable property and tax free land tax threshold for sporting clubs etc.

The Taxation and Related Legislation (Miscellaneous Amendments) Bill 2016 (Tas) has passed all stages without amendment received Royal Assent as Act No 46 of 2016. It amends the following Tasmanian Acts: the Payroll Tax Act 2008; the Duties Act 2001; the Land Tax Act 2000; the First Home Owner Grant Act 2000; and the Taxation…

Re Moriarty and FCT – third application for release unsuccessful – $440k in liabilities over 7 years, hardship likely but discretion to release not excercised – excessive expenditure, other borrowings, 7 years all lodged late

A taxpayer has been unsuccessful before the AAT in seeking to be released from his tax debts under s340-5 of Sch 1 to the TAA. The chronology of returns and three hardship applications is as follows [taken from paras 7 – 13 of the AAT’s reasons]. In November 2006 Mr Moriarty applied for, and was released…

Re Three Wickets Pty Ltd v Tax Practitioners Board – individual’s and corporate agent’s registration terminated for breach of the ‘fit and proper person test’ triggered by his own failure to lodge ($500k liabilities)

The AAT has affirmed the Tax Practitioners Board decision to terminate a tax agent’s registration and the registration of a company. The Board did so under s 40-15(1)(b) of the Tax Agent Services Act 2009 (TASA) on the basis that the company had ceased to meet the registration requirement in s 20-5(3)(a) of the Act that each…

New Australia-Germany DTA – Bill to give it force of law, in Australia, passed both houses and received Royal Assent as Act No. 64 of 2016

On 13.10.16, the International Tax Agreements Amendment Bill 2016 passed all stages of Parliament and received Royal Assent on 20.10.16 as Act No. 64 of 2016. The Bill amends the International Tax Agreements Act 1953 to give legislative effect to the Agreement between Australia and the Federal Republic of Germany for the Elimination of Double…

Vic taxes – State Taxation Acts Further Amendment Bill 2016 introduced – amend payroll tax on exempt component of vehicle allowances and land tax for ‘absentee’ trusts

On Tuesday 11.12.16, the Victorian Government introduced the State Taxation Acts Further Amendment Bill 2016 (Vic) into the Victorian Legislative Assembly on Tue 11.10.2016 and it had passed the Lower House by the end of October 2016. It proposes to amend the Payroll Tax Act 2007 (Vic) to update the way the exempt rate used in the calculation of…

NSW land tax: Lloyd & Anor v Chief Comr of State Revenue – principal place of residence exemption refused to couple who had not lived in the house for the 4 years since purchase

On Wed 12.10.2016, the NSW Civil and Administrative Tribunal refused a couple’s (the taxpayers) claim for the principal place of residence (PPR) land tax exemption for the 2013 to 2015 land tax years. In October 2012, the taxpayers purchased the subject property. The taxpayers said the house on the property was “uninhabitable” and their initial plan was…