NSW land tax: Edgely Pty Limited v Chief Comr of State Revenue – grouping of companies affirmed [67]

A taxpayer has been unsuccessful before the NSW Civil and Administrative Tribunal in a matter concerning a land tax assessment issued for the 2010 land tax year. The decision under review was the disallowance by the Commissioner of an objection by the taxpayer against an assessment issued on 18 January 2010 (the relevant assessment) of land tax…

NSW payroll tax: Health Service Pty Ltd v Chief Comr of State Revenue – employment agency provisions applied despite employer/employee relationship [68]

A taxpayer has been successful before the NSW Civil and Administrative Tribunal in arguing that wages paid to its employees for services provided to non-profit organisations were exempt wages under the employment agency contract provisions under the Payroll Tax Act 2007 (NSW). The Commissioner assessed the taxpayer to payroll tax for the years ended 30 June 2010…

NSW payroll tax: Conrad Linings Pty Limited v Chief Comr of State Revenue – grouping decision affirmed [69]

The NSW Supreme Court has affirmed a payroll tax assessment (including interest and penalty tax) issued to a taxpayer for the relevant periods. It also affirmed the Commissioner’s decision not to exclude the taxpayer from its group with another company for payroll tax purposes. The taxpayer disputed the Commissioner’s decision to assess it as liable…

NSW land tax: Laviva Nominees Pty Ltd v Chief Comr of State Revenue – interest imposed on special trust for tax defaults affirmed [66]

A taxpayer has been unsuccessful before the NSW Civil and Administrative Tribunal in seeking remission of interest imposed by the Commissioner in a land tax assessment notice issued in respect of the 2009 to 2013 land tax years. The Commissioner’s case was that the taxpayer had committed tax defaults by failing to furnish land tax…

Re Pathiranage and Tax Practitioners Board – Tax agent registration renewal refused; education requirements incomplete [62]

The AAT has affirmed a decision of the Tax Practitioners Board refusing to renew an applicant’s tax agent registration. On 8 October 2010, the Board had approved the applicant’s tax agent registration. It also notified him of possible further education requirements as part of his tax agent registration renewal. On 28 February 2013, the applicant applied for renewal of…

ACT: payroll tax threshold; insurance duty; land tax rates – Instruments made [63]

The following legislative instruments were notified on 30 June 2014: Taxation Administration (Amounts and Rates – Payroll Tax) Determination 2014 (No 1) – This instrument determines the threshold for the payment of ACT payroll tax under the Payroll Tax Act 2011 (ACT) commencing on 1 July 2014. It increases the annual Australia-wide wages threshold from id=”mce_marker”,750,000 toid=”mce_marker”,850,000 and the…

New regulation of financial advisers providing tax advice: ASIC [58]

ASIC Commissioner Greg Tanzer has advised that ASIC and the Tax Practitioners Board (TPB) have been working together “to ensure the smooth transition of the new regulatory regime” for financial advisers providing tax advice. From 1 July 2014, the TPB regulates financial advisers who provide tax (financial) advice services under the Tax Agent Services Act 2009 (TASA).…