Keddas Pty Ltd ATF Kaluarachchi Family Discretionary Trust v Chief Commissioner of State Revenue [2024] NSWCATAD 138

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Keddas Pty Ltd ATF Kaluarachchi Family Discretionary Trust v Chief Commissioner of State Revenue [2024] NSWCATAD 138 Hearing dates: 13 May 2024 Date of orders: 22 May 2024 Decision date: 22 May 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: S Dunn, Senior Member Decision: The Assessment under review is confirmed. Catchwords: TAXES AND DUTIES - Surcharge land tax – Applicant holds residential 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) Duties Act 1997 (NSW) Foreign Acquisitions and Takeovers Act 1975 (Cth) Land Tax Act 1956 (NSW) Land Tax Management Act 1956 (NSW) State Revenue Legislation Further Amendment Act 2020 (NSW) Taxation Administration Act 1996 (NSW) Cases Cited: Axiom88 ATF Axiom88 Trust v Chief Commissioner of State Revenue [2023] NSWCATAD 252 Chief Commissioner of State Revenue v Smeaton Grange Holdings Pty Ltd [2017] NSWCA 184 Commissioner of Taxation v Ryan (2000) 201CLR 109 Cornish Investments Pty Limited v Chief Commissioner of State Revenue (RD) [2013] NSWADTAP 25 Cymtow Pty Ltd as trustee for Stanavacs Trust; Lanlex No 127 Pty Ltd as trustee for TBH Family Trust; Cybir Pty Ltd v Chief Commissioner of State Revenue [2022] NSWCATAD 314 Monisse v Chief Commissioner of State Revenue [2023] NSWCATAP 27 Volpatti v Chief Commissioner of State Revenue [2007] NSWADT 222 Texts Cited: Nil Category: Principal judgment Parties: Keddas Pty Ltd ATF Kaluarachchi Family Discretionary Trust (Applicant) Chief Commissioner of State Revenue (Respondent) Representation: Applicant (Self-Represented) Crown Solicitor (Respondent) File Number(s): 2024/00029686 Publication restriction: Nil