Jemag Pty Ltd ATF The Nawar Family Trust v Chief Commissioner of State Revenue [2024] NSWCATAD 392

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jemag Pty Ltd ATF The Nawar Family Trust v Chief Commissioner of State Revenue [2024] NSWCATAD 392 Hearing dates: 28 November 2024 Date of orders: 23 December 2024 Decision date: 23 December 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J Sullivan, Senior Member Decision: The assessment under review is confirmed. Catchwords: TAXES AND DUTIES – Surcharge land tax – discretionary trust – whether foreign persons were excluded as a beneficiary under the terms of the trust deed Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Duties Act 1997 (NSW) Foreign Acquisitions and Takeovers Act 1975 (Cth) Land Tax Act 1956 (NSW) State Revenue Legislation Further Amendment Act 2020 (NSW) Taxation Administration Act 1996 (NSW) Cases Cited: Chief Commissioner of State Revenue v Paspaley [2008] NSWCA 184 Commissioner of Taxation v Ryan (2000) 201 CLR 109 Cornish Investments Pty Limited v Chief Commissioner of State Revenue (RD) [2013] NSWADTAP 25 Feng v Chief Commissioner of State Revenue [2024] NSWCATAD 56 Ferella v Chief Commissioner of State Revenue [2014] NSWCA 378 Monisse v Chief Commissioner of State Revenue [2023] NSWCATAP 27 Texts Cited: None Category: Principal judgment Parties: Jemag Pty Ltd ATF The Nawar Family Trust (Applicant) Chief Commissioner of State Revenue (Respondent) Representation: G Nawar (representative for the Applicant) H Morgan (Respondent)