Commissioner of Taxation v Esso Australia Resources Pty Ltd [2024] FCAFC 151

FEDERAL COURT OF AUSTRALIA Commissioner of Taxation v Esso Australia Resources Pty Ltd [2024] FCAFC 151 File number(s): VID 274 of 2024

Judgment of: THAWLEY, JACKMAN AND HORAN JJ

Date of judgment: 22 November 2024

Catchwords: TAXATION – petroleum resource rent tax – where "assessable tolling receipts derived by a person in relation to a petroleum project" is defined as "the consideration receivable by the person in relation to the processing of … petroleum, in relation to the project" – whether payments labelled as "monthly reservation fees" were assessable tolling receipts – whether a "settlement sum" paid in the context of resolving a dispute was an assessable tolling receipt - payments found to be assessable tolling receipts – time of derivation

Legislation: Acts Interpretation Act 1901 (Cth) s 13 Petroleum Rent Resource Tax Assessment Act 1987 (Cth) s 22(1), 23, 24A

Archibald Howie Pty Ltd v Commissioner of Stamp Duties [1948] HCA 28; 77 CLR 143 Arthur Murray (NSW) Pty Ltd v Commissioner of Taxation [1965] HCA 58; 114 CLR 314 Brooks v Commissioner of Taxation [2000] FCA 721; 100 FCR 117 Chartbrook Ltd v Persimmon Homes Ltd [2009] AC 1101 Chevron Australia Holdings Pty Ltd v Commissioner of Taxation [2017] FCAFC 62; 251 FCR 40 Chief Commissioner of State Revenue v Dick Smith Electronics Holdings Pty Ltd [2005] HCA 3; 221 CLR 496 Commissioner of State Revenue (Vic) v Lend Lease Development Pty Ltd [2014] HCA 51; 254 CLR 142 Commissioner of Taxation v Glencore Investment Pty Ltd [2020] FCAFC 187; 281 FCR 219 Commissioner of Taxation v Harris [1980] FCA 74; 30 ALR 10 Commissioner of Taxation v Scully [2000] HCA 6; 201 CLR 148 Commissioner of Taxes (South Australia) v The Executor and Trustee Agency Company of South Australia Ltd [1938] HCA 69; 63 CLR 108 Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1; 275 CLR 165 Electricity Generation Corporation v Woodside Energy Ltd [2014] HCA 7; 251 CLR 640 Cases cited: Esso Australia Resources Pty Ltd v Commissioner of Taxation [2011] FCAFC 154; 199 FCR 226 Esso Australia Resources Pty Ltd v Commissioner of Taxation [2011] FCA 360; 194 FCR 32 Esso Australia Resources Pty Ltd v Commissioner of Taxation [2024] FCA 87 GP International Pipecoaters Pty Ltd v Commissioner of Taxation [1990] HCA 25; 170 CLR 124 HDI Global Specialty SE v Wonkana No 3 Pty Ltd [2020] NSWCA 296; 104 NSWLR 634 Minister for Home Affairs v DMA18 [2020] HCA 43; 270 CLR 372 Mussalli v Commissioner of Taxation [2021] FCAFC 71; 284 FCR 516 PepsiCo, Inc v Commissioner of Taxation [2024] FCAFC 86; 303 FCR 1 Project Blue Sky [1998] HCA 28; 194 CLR 355 PTTEP Australasia (Ashmore Cartier) Pty Ltd v Commissioner of Taxation [2014] FCAFC 71; 222 FCR 592 R v Rolfe [2021] HCA 38; 273 CLR 413 Radaich v Smith [1959] HCA 45; 101 CLR 209 Sommer v Commissioner of Taxation [2002] FCA 1205; 51 ATR 102 Travelex Ltd v Commissioner of Taxation [2010] HCA 33; 241 CLR 510 Woodside Energy Ltd v Commissioner of Taxation [2009] FCAFC 12; 174 FCR 91