Axiom88 Pty Ltd ATF Axiom88 Trust v Chief Commissioner of State Revenue [2023] NSWCATAD 252

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Axiom88 Pty Ltd ATF Axiom88 Trust v Chief Commissioner of State Revenue [2023] NSWCATAD 252 Hearing dates: 12 July 2022 (submissions closed 8 August 2022) Date of orders: 26 September 2023 Decision date: 26 September 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member Decision: The surcharge land tax assessment of the Chief Commissioner of State Revenue, made on 11 February 2021, for the 2017, 2018, 2019, 2020 and 2021 is confirmed. Catchwords: TAXES AND DUTIES -Land tax – Surcharge land tax – applicant holds land on trust – discretionary trust – whether, during the relevant land tax years, foreign persons were excluded as a beneficiary under the terms of the trust deed Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Foreign Acquisitions and Takeovers Act 1975 (Cth) Land Tax Act 1956 (NSW) Land Tax Management Act 1956 (NSW) State Revenue Legislation Amendment (Budget Measures) Act 2016 (NSW) (repealed) State Revenue Legislation Amendment (Surcharge) Act 2017 (repealed) State Revenue Legislation Further Amendment Act 2020 (repealed) Taxation Administration Act 1996 (NSW) Cases Cited: Commissioner of Taxation v Ryan (2000) 201CLR 109 Gunasti v Chief Commissioner of State Revenue [2012] NSWADT 218 Valencia v Chief Commissioner of State Revenue [2017] NSWCATAD 261 Volpatti v Chief Commissioner of State Revenue [2007] NSWADT 222 Texts Cited: None cited Category: Principal judgment Parties: Axiom88 Pty Ltd ATF Axiom88 Trust (Applicant) Chief Commissioner of State Revenue (Respondent) Representation: E and C Taylor (Agent) (Applicant) Crown Solicitor (Respondent) File Number(s): 2021/00364761 Publication restriction: Nil