Monthly Archives: November 2021

Belconnen Lakeview Pty Ltd v Lloyd – No loss caused by misleading representation in relation to GST status on sale of unit

A Canberra developer has had some success in an appeal in relation to an action brought for misleading or deceptive conduct involving the sale of a unit in the ACT, which the developer incorrectly claimed was subject to GST. The developer obtained land under a 99-year lease. It then developed properties which it allegedly marketed as…

Dezfoolian v CofT – Interest derived overseas assessable – exchange rate questions and forex losses in subsequent years

On 29 Oct 2021, the AAT decided that Interest earned on a foreign bank account was assessable as the taxpayer was an Australian resident (and this was published on 2.11.21). This is unremarkable but the facts were complicated by ‘exchange’ date/rate issues (on the interest receipts) and exchange rate losses on the loan balances. The…

Addy v CofT – High Court rules “backpacker tax” does not apply to UK national who is Australian tax resident – ATO loses

The High Court has held, on Wed 3.11.2021] that applying the so-called “backpacker tax” to wages earned by a UK national who was a tax resident of Australia contravened a non-discrimination clause in the Australia-UK DTA, thereby allowing the taxpayer’s appeal (see related TT article). Ms Addy was a UK national who arrived in Australia…

Addy Case – High Court finds for Taxpayer, striking down the higher ‘backpacker tax’ under the UK-Aust DTA requirement not to discriminate based on nationality

On 3 November 2021, the High Court of Australian held for the taxpayer, in finding that the ‘Backpacker Tax’ contravened the ‘no-disadvantage’ requirement, for British nationals, under the Australian-United Kingdom Double Tax Agreement. The taxpayer was an Australian tax resident for the two years of her working holiday, under the relevant visa, and as a…