Unannounced Victorian Duty amendment makes drastic changes to the ‘economic entitlement’ provisions – affecting development agreements with owners

Tax Month - May 2019

There is an aspect of the State Taxation Acts Amendment Bill 2019 that was not mentioned in the Victorian budget, and which is causing consternation in development circles, relating to an entire new Part, dealing with ‘economic entitlements’, which goes further than the pretext justified (namely: reversing the effect of the 2016 Victorian Supreme Court…

Victorian Taxation Budget Measures – more Duty, more Land Tax, less Payroll Tax & some valuations higher

Tax Month - May 2019

The State Taxation Acts Amendment Bill 2019, passed the Legislative Assembly (Lower House) on 29 May 2019 and was introduced and read a first time in the Legislative Council (Upper House). The Bill contains the various measures announced by the Andrews Labor Government, in Victoria, earlier that week. See also a related Tax Technical article…

High Court gives WA Commissioner of State Revenue leave to appeal Rojoda Pty Ltd case where partnership deeds were held non-dutiable

Tax Month - May 2019

On 17 may 2019, the High Court granted the Commissioner of State Revenue special leave to appeal against the decision, of the WA Court of Appeal, in Rojoda Pty Ltd v Comr of State Revenue – against a decision that certain partnership deeds were not dutiable instruments. See below for further detail. FJM 20.5.19 [Tax…

High Court refuses Fyna Projects Pty Ltd (and 10 other Appellants) leave to appeal joint and several payroll tax liabilities on group assessments

Tax Month - May 2019

On 15 May 2019, the High Court has dismissed a taxpayer’s application for special leave to appeal against a decision of the NSW Court of Appeal concerning joint and several liability for grouped payroll tax: Fyna Projects Pty Ltd & Ors v Chief Comr of State Revenue. See below for further details. FJM 20/5/19 [Tax…

BHP Billiton Limited (now named BHP Group Limited) v Commissioner of Taxation – High Court grants BHP special leave to appeal the CFC case about the definition of ‘associates’ whilst ‘dual listed’

Tax Month - May 2019

On 15.5.19, the High Court granted BHP special leave to appeal against the Full Federal Court decision in CofT v BHP Billiton Limited [2019] FCAFC 4 [see related Tax Technical article]. The Full Federal Court had, by a 2-1 majority, allowed the Commissioner’s appeal from the AAT decision in MWYS and FCT [2017] AATA 3037 [see related Tax…

Commissioner of Taxation v BHP Billiton Limited – BHP entities held to be ‘associates’ of Billiton (UK) entities, under their ‘dual-listed’ structure – for CFC purposes

Tax Month - January to April 2019

On 29.1.19, the Full Federal Court allowed the Commissioner’s appeal and found that BHP on the issue of whether it’s ‘dual-listed’ arrangements, with the UK Billiton company, made BHP subsidiaries, ‘associates’ of the Billiton entities, for Controlled Foreign Corporations (CFC) purposes. At issue was whether BHP had to return (under the CFC provisions) its share…