The taxpayers have sought special leave to appeal to the High Court from the decision of the Full Court of the SA Supreme Court in National Mutual Life Association & Ors v Comr of State Taxation [2011] SASCFC 106. The Supreme Court had dismissed the appeals of 3 taxpayers (ING Life Ltd, ANZ Life Assurance Ltd and AMP Life Ltd), but allowed the appeal of 1 taxpayer (National Mutual Life Association of Australasia Ltd), against the decision of the SA Supreme Court which had affirmed the Commissioner’s assessment of stamp duty concerning certain “rider” policies using the higher “general insurance” rate. The Full Court allowed the appeal by National Mutual Life for the limited purpose of allowing the Commissioner to reconsider the relevant assessments. The taxpayers’ application for special leave will be heard in Canberra on 12 April 2013.
[LTN 57, 25/3/13]