Commissioner of Taxation v Travelex Limited [2020] FCAFC 10

FEDERAL COURT OF AUSTRALIA

Commissioner of Taxation v Travelex Limited [2020] FCAFC 10 Appeal from: Travelex Limited v Commissioner of Taxation [2018] FCA 1051

File number: NSD 1369 of 2018

Judges: KENNY, DERRINGTON AND STEWARD JJ

Date of judgment: 14 February 2020

Catchwords: TAXATION – interest on overpayments – GST – where supplies which were GST-free erroneously included in Business Activity Statement – where taxpayer sent correspondence to Commissioner notifying that net amount in period ought to have been less than zero – where Commissioner purported to amend BAS to refund overpaid GST – where Commissioner refunded overpaid amounts – where taxpayer asserts Commissioner is required to pay interest from 14 days after the "effective date" of Commissioner's "amendment" – whether Commissioner had power to amend BAS – effect of allocating an amount to a Running Balance Account – meaning of "RBA interest day" – whether correspondence to Commissioner a "notification that is required for the refund" under s 8AAZLG of the Taxation Administration Act 1953 (Cth)

Legislation: A New Tax System (Goods and Services Tax) Act 1999 (Cth) Div 35, ss 17-5, 31-5, 31-8, 31-10, 33-5, 35-5, 35-10, 93-5 Income Tax Assessment Act 1997 (Cth) s 995-1 Taxation Administration Act 1953 (Cth) ss 8AAZA, 8AAZC, 8AAZH, 8AAZI, 8AAZJ, 8AAZLA, 8AAZLB, 8AAZLF, 8AAZLG, 105-10, 105-15, 105-55 Taxation (Interest on Overpayments and Early Payments) Act 1983 (Cth) ss 12AA, 12AD, 12AF Explanatory Memorandum, Taxation Laws Amendment Bill (No.5) 1998 (Cth)

Cases cited: Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (Northern Territory) (2009) 239 CLR 27 Central Equity Ltd v Federal Commissioner of Taxation (2011) 214 FCR 255 Commissioner of Taxation (Cth) v 4 Doonan Street Collinsville Pty Ltd (in liq) (2016) 332 ALR 349 Damberg v Damberg (2001) 52 NSWLR 492 Federal Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503 Federal Commissioner of Taxation v Multiflex Pty Ltd (2011) 197 FCR 580 Simon v Condran (2013) 85 NSWLR 768 Travelex Ltd v Commissioner of Taxation [2008] FCA 1961 Travelex Ltd v Federal Commissioner of Taxation (2009) 178 FCR 434 Travelex Ltd v Federal Commissioner of Taxation (2010) 241 CLR 510 Warner-Lambert Company LLC v Apotex Pty Ltd (No 2) (2018) 355 ALR 44