The CPI indexation factor, which is used for FBT purposes concerning remote area benefits (under ss 60 and 60AA of the FBTAA), for the December quarter 2012 increased 0.2 from the September 2012 quarter to 102.0. Inflation for the year to 31 December 2012 was running at 2.2%. The most significant price rises for the quarter were for domestic holiday travel…
In a decision handed down on 14 November 2012, but only just released, the ACT Civil & Administrative Tribunal increased the level of penalty tax payable by a taxpayer to 50% pursuant to s 31(2) of the Taxation Administration Act 1999 (ACT), but then decided to remit the penalty to 25% pursuant to s 37 of the TAA. The…
The NSW Administrative Decisions Tribunal has refused a taxpayer’s claim for the principal place of residence land tax exemption for the 2011 land tax year. The Tribunal heard that the taxpayer had spent Christmas day in 2010 at the subject property and that he had moved some of his belongings to this property whilst his…
The NSW Administrative Decisions Tribunal has affirmed the Commissioner’s decision to assess to duty a “custodian trust deed” and to refuse the taxpayer’s claim for the “apparent purchaser” exemption under s 55 of the Duties Act 1997 (NSW). The background facts are complex but essentially involved the acquisition by a superannuation fund (trustees and members being…
The NSW Administrative Decisions Tribunal has refused a taxpayer’s application to be excluded from a payroll tax group under s 79 of the Payroll Tax Act 2007 (NSW). In June 2011, the Commissioner issued payroll tax assessments to the taxpayer for the 2008 to 2010 tax years following his decision to group the taxpayer with 4 other companies.…
The NSW Administrative Decisions Tribunal has affirmed the Commissioner’s decision to group a taxpayer with another company for payroll tax purposes for the 2008 and 2009 years under s 71(3) of the Payroll Tax Act 2007 (NSW). Both companies operated road freight transport businesses. The taxpayer’s directors were R and D (mother and son) with R…
The NSW Supreme Court has refused 5 taxpayers their claim for the primary production land tax exemption for the relevant years under s 10AA of the Land Tax Management Act 1956 (NSW). The subject lands were used for cattle grazing by the first taxpayer and the activities of which were carried out by the second taxpayer…
The Qld Civil and Administrative Tribunal has denied a taxpayer’s claim for an exemption from duty to correct a “clerical error” under s 152 of the Duties Act 2001 (Qld). The taxpayer had sought the exemption following a discovery by the taxpayer’s accountant that the subject investment property was held in the names of the taxpayer…
The High Court has refused the Victorian Commissioner of State Revenue’s application for special leave to appeal against the decision of the Victorian Court of Appeal in Comr of State Revenue v Challenger Listed Investments Ltd [2011] VSCA 272. The Court of Appeal had dismissed the Commissioner’s appeal against the decision at first instance, which…
The Victorian Civil and Administrative Tribunal has affirmed the Commissioner’s assessment of duty in respect of 2 interrelated transactions involving a tourist park. In doing so, the Tribunal held that the cabins used in the park were plant and equipment, and not goods that were stock in trade that fell within the exception under s 10(1)(d)(i)…