Daily Archives: December 2, 2017

Commissioner of Taxation v Jayasinghe – Commissioner’s ‘Decision Impact Statement’ on High Court decision that income from UN was not exempt

Decision: Commissioner of Taxation v Jayasinghe [2017] HCA 26, HCA Case Summary  Judge Name: Kiefel CJ, Gageler, Keane, Gordon and Edelman JJ Judgment date: 9 August 2017 Précis Outlines the ATO’s response to this case which concerns whether a taxpayer held an office in an international organisation within the meaning of subparagraph 6(1)(d)(i) of the International…

ACT duty: land tax – Samani & Anor v Comr for ACT Revenue – land tax assessed as not sufficient evidence Commissioner told property rented not principal residence

The ACT Civil and Administrative Tribunal has rejected arguments, by husband and wife taxpayers, that they provided sufficient notice to the Commissioner of ACT Revenue, in relation to their land tax liabilities. It also found that there was no basis for remission of the penalty tax imposed. The husband and wife taxpayers were the owners…

DCT v SMAR Nominees Pty Ltd (in liq) – winding up order, obtained in ignorance of the action, set aside by consent, on evidence of solvency and arrangements to pay the tax and liquidators fees

The Federal Court has ordered that a winding up order be set aside on the provisio that a taxpayer pay an amount of unpaid taxes to the DCT as well as liquidator fees. This was done by consent. Background On 13 September 2017, a Registrar of the Court ordered the SMAR Nominees Pty Ltd (SMAR)…

Fastbet Investments Pty Ltd v DCT – taxpayer fails in action to challenge the Commissioner’s demand for mortgage security over each of its parcels of land

The Federal Court dismissed an application to review the validity of, and stay the operation of the Commissioner’s decision requiring Fastbet to give mortgage security, over its real estate, under s255-100 of the TAA1. Section 255-100(1)(b) gives the Commissioner power to require a person to give security for the payment of ‘existing and future *tax-related…