CPI: December quarter 2012 indexation factor for FBT purposes – December quarter increased 0.2 over September quarter to CPI of 102.0 [87]

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…

ACT payroll tax – A Plus Plumbing And Building Services Pty Ltd v Comr for ACT Revenue – penalty tax increased to 50%, but remitted back down to 25% [70]

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…

NSW stamp duty: Landfall Pty Ltd v Chief Comr of State Revenue – promissory note not “money”; apparent purchaser exemption denied [72]

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…

NSW payroll tax – Lombard Farms Pty Ltd v Chief Comr of State Revenue – de-grouping request refused [73]

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.…

NSW payroll tax – Nowlan Enterprises Pty Ltd v Chief Comr of State Revenue – Grouping decision affirmed [74]

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…

Qld stamp duty – Sherratt v Comr of State Revenue – exemption to correct “clerical error” denied [76]

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…

*Vic Duty – High Court refuses SRO leave to appeal in Comr of State Revenue v Challenger Listed Investments Ltd – concerning conversion of a land rich land holder to a public unit trust [77]

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…

Vic stamp duty Olivedale Park Pty Ltd v Comr of State Revenue – tourist park cabins were plant and equipment, not stock in trade [78]

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)…