Caelli Constructions (Vic) Pty Ltd v Commissioner of Taxation [2005] FCA 1467

FEDERAL COURT OF AUSTRALIA

Caelli Constructions (Vic) Pty Ltd v Commissioner of Taxation [2005] FCA 1467

Taxation – Fringe benefits tax – employer's contributions to a redundancy fund on behalf of employees – payments made in respect of each worker and credited to each worker's respective Worker's Account – benefit in respect of the employment of the employee – monetary payments constituting property fringe benefits – value of fringe benefit ‑ notional value – double taxation – Fringe Benefits Tax Assessment Act 1986 (Cth), s 136(1) – definition of "fringe benefit" Fringe Benefits Tax Assessment Act 1986 (Cth), ss 5B, 5C, 42, 43, 44, 58PA, 58PB, 58PC, 136(1), 138(3) Income Tax Assessment Act 1936 (Cth), s 27B, s 26AAB(14)(a)(iv) Income Tax Assessment Act 1997(Cth), s 8-1 Tubemakers of Australia Ltd v Federal Commissioner of Taxation (1993) 25 ATR 183 referred to The Roads and Traffic Authority of New South Wales v Commissioner of Taxation (1993) 43 FCR 223 referred to Walstern v Federal Commissioner of Taxation (2003) 138 FCR 1 considered Essenbourne Pty Ltd v Federal Commissioner of Taxation (2002) 51 ATR 629 followed Spotlight Stores Pty Ltd v Federal Commissioner of Taxation (2004) 55 ATR 745 considered McCaughey v The Commissioner of Stamp Duties (1945) 46 SR (NSW) 192 referred to Lipkin Gorman (a firm) v Karpnale Ltd [1991] 2 AC 548 referred to Commissioner of Taxation v Cooling (1990) 22 FCR 42 referred to Cooper Brookes (Wollongong) Pty Ltd v Commissioner of Taxation (1981) 147 CLR 297 referred to Jeffrey James Prebble Pty Ltd v Commissioner of Taxation (2003) 131 FCR 130 referred to Commissioner of Taxation v Smith (1981) 147 CLR 578 referred to Reseck v Commissioner of Taxation (1975) 133 CLR 45 referred to Sun Newspapers Ltd and Associated Newspapers Ltd v Commissioner of Taxation (1938) 61 CLR 337 referred to Pudney v Mann GHH Logistics GMBH (unreported decision of the Appeal Division of the Supreme Court of Victoria, Southwell, Nathan and O'Bryan JJ, 13 December 1993) referred to State of Queensland v Commonwealth (1986) 162 CLR 74 J&G Knowles and Associates Pty Ltd v Commissioner of Taxation (2000) 96 FCR 402 referred to Banco de Portugal v Waterlow & Sons Limited [1932] AC 452 referred to