Issa v Chief Commissioner of State Revenue [2009] NSWADT 269

CITATION: Issa v Chief Commissioner of State Revenue [2009] NSWADT 269

DIVISION: Revenue Division

APPLICANT Azab Issa PARTIES: RESPONDENT Chief Commissioner of State Revenue

FILE NUMBER: 096053

HEARING DATES: On the papers

SUBMISSIONS CLOSED: 8 October 2009

DATE OF DECISION: 16 October 2009

BEFORE: Perrignon R - Judicial Member

CATCHWORDS: Land tax Discretion to remit interest - Premium rate component of interest - Market rate component of interest

Land Tax Management Act 1956 LEGISLATION CITED : Taxation Administration Act 1996 Valuation of Land Act 1916

Chief Commissioner of State Revenue v Incise Technologies Pty Limited & Anor [2004] NSWADTAP 19 CASES CITED: Macsif v Chief Commissioner of State Revenue [2007] NSWADT 116 Trust Co of Australia v Chief Commissioner of State Revenue [2002] NSWADT 21

APPLICANT In person REPRESENTATION: RESPONDENT A Gerard, solicitor

ORDERS: 1.The decision to demand interest in the assessment of 7 July 2008 is revoked 2.The assessment of 7 July 2008 is otherwise confirmed.

REASONS FOR DECISION

1 In 2000, the Applicant, Mr Issa, purchased an investment property at Brighton-le-Sands in Sydney. He did not disclose its existence to the Chief Commissioner of State Revenue until 5 May 2008, when he lodged a completed Land Tax Questionnaire with the Chief Commissioner, at the latter's request.

2 On 7 July 2008, the Chief Commissioner assessed Mr Issa to land tax in respect of the property for the tax years 2004, 2005, 2006, 2007 and 2008. Mr Issa's home at Carlton was not assessed to land tax, as it attracted the 'principal place of residence' exemption under section 10(1)(r) of the Land Tax Management Act 1956.