Daily Archives: February 8, 2017

Foreign purchases of agricultural land – Government announces reduction in screening threshold from $252m to $15m & ATO to gather info for register [57]

To improve the scrutiny of foreign purchases of agricultural land, the Prime Minister has announced the Government will reduce the screening threshold from $252m to $15m from 1 March 2015. The new id=”mce_marker”5m screening threshold will apply to the cumulative value of agricultural land owned by the foreign investor, including the purposed purchase. The Government will also…

ACT payroll tax: exemptions for employment agents – Revenue Circular [56]

The ACT Revenue Office has issued Revenue Circular PTA074.4 regarding payroll tax exemptions for employment agents. The Circular took effect from 1 January 2015, following removal of the “genuine employer” exemption. [LTN 23, 5/2/15/15]

WA land tax: Teissier v Comr of State Revenue – taxpayer’s application for further documents dismissed [55]

The [taxpayer] Mr Teissier made an application under s 40(1) of the Taxation Administration Act 2003 (WA) for the Tribunal to review a decision made by the Commissioner to reassess particular lots owned by him for land tax. Those lots had previously been assessed as being exempt from tax. The taxpayer sought orders that the…

Qld land rich duty: Sojitz Coal Resources Pty Ltd v Comr of State Revenue – mining leases not included in corporation’s land-holdings [54]

A taxpayer has been successful before the Qld Supreme Court in a land rich duty matter concerning whether, at the relevant time, a corporation’s land-holdings included its interest in mining leases granted under the Mineral Resources Act 1989 (Qld). The taxpayer acquired 51% of the issued shares in the subject corporation on 20 December 2010. At that…

NSW Payroll Tax: Chief Comm’r of State Revenue v Seovic Civil Engineering Pty Ltd – Commissioner not required to de-group Administration Company [53]

In Chief Commissioner of State Revenue v Seovic Civil Engineering Pty Ltd [2014] NSWCATAP 94, the Appeal Panel of the NSW Civil and Administrative Tribunal overturned an earlier decision of the Tribunal, finding that the Commissioner was not required to de-group an administration company from the two other entities it provided services to. The Appeal…

NSW Payroll Tax: Levitch Design Associates Pty Ltd ATF Levco Unit Trust v Chief Comm’r of State Revenue – ‘relevant contract’ exceptions [52]

In Levitch Design Associates Pty Ltd ATF Levco Unit Trust v Chief Commissioner of State Revenue [2014] NSWCATAD 215, the Tribunal considered the application of s 32 of the Payroll Tax Act 2007 (NSW) to payments for architectural services by Levitch Design Associates (LDA). While the Tribunal found that the agreement between LDA and Mr…

NSW Payroll Tax: Qualweld Australia Pty Limited v Chief Comm’r of State Revenue – taxpayer held to be an employment agency for welders [51]

In Qualweld Australia Pty Limited v Chief Commissioner of State Revenue [2014] NSWCATAD 227, the Tribunal considered whether payments made by a business in the welding industry (Qualweld) to its welding contractors were subject to payroll tax under the “employment agency contract” provisions of the Payroll Tax Act 2007 (NSW). In coming to its decision,…

NSW payroll tax: Edgely Pty Ltd v Chief Comr of State Revenue – company with no wage payments, deriving rent from 2 related companies, grouped [50]

In a decision handed down [on Wed 4.2.2015], the NSW Civil and Administrative Tribunal confirmed payroll tax assessments issued to a taxpayer for the period 1 July 2002 to 30 June 2007. The Commissioner had grouped the taxpayer with 2 other companies for the purposes of s 16D(2) of the Pay-roll Tax Act 1971 (NSW) for the period 1 July 2002 to…

NSW landholder duty: Milstern Nominees Pty Ltd v Chief Comr of State Revenue – discretion to grant exemption [49]

A taxpayer has been successful before the NSW Supreme Court in a matter concerning the Commissioner’s discretion to grant a full or partial exemption from landholder duty under s 163H of the Duties Act 1997 (NSW). The matter concerned the Commissioner’s decision not to grant the taxpayer an exemption under s 163H of the Duties Act in…

WA: modernisation of primary production land tax exemption – to include primary production land though processed on site [48]

The Taxation Legislation Amendment Bill (No 2) 2014 (WA) has passed all stages of the WA Parliament and effectively awaits Assent. It had passed the Legislative Assembly with Government amendments. It amends the Duties Act 2008 (WA) and the Land Tax Assessment Act 2002 (WA) to modernise the land tax exemption for primary producers following a government review. The…