NSW Caselaw
New South Wales Supreme Court
CITATION : Bridges Financial Services Pty Ltd v Chief Commissioner of State Revenue [2005] NSWSC 788
HEARING DATE(S) : 25/07/05, 26/07/05, 27/07/05, 28/07/05, 29/07/05
JUDGMENT DATE : 9 August 2005
JUDGMENT OF : Gzell J
DECISION : Assessments revoked with respect to the inclusion in wages of commission, brokerage and fees payable to all but one representative. Deemed wages of one representative limited to labour content.
CATCHWORDS : TAXES AND DUTIES - Pay-roll Tax - Representatives of stockbroker providing financial planning services - Commission, brokerage and fees shared with stockbroker - Representatives required to follow detailed procedures - Stockbroker not obliged to provide clients or office facilities - Expenses borne by representatives - Finance houses instructed to pay trail commissions relating to clients to Bridges when representatives became proper authority holders - Representative businesses valued at 2.5 times annual trail commissions - Representative businesses bought and sold by proper authority holders - No fixed hours, no sick leave, holiday leave or other leave for representatives - Representatives free to operate as employees of family companies and trusts - Representatives or family companies or trusts free to employ others - Representatives had power to delegate portions of their activities - Whether representitives were employees as such - Whether representatives were deemed employees under relevant contracts under Pay-roll Tax Act 1971, s 3A(1)(b) in providing Bridges with work related services - Whether exempt under s 3A(1)(f) for work in relation to services performed by two or more persons - Whether deemed wages limited to labour content
Corporations Law Corporations Regulations Insurance Contracts Act 1984 (Cth) Insurance (Agents and Brokers) Act 1984 (Cth) LEGISLATION CITED : Pay-roll Tax Act 1971 Pay-roll Tax (Amendment) Act 1985 Pay-roll Tax Act 1971 (Vic) Pay-roll Tax (Amendment) Act 1982 (Vic) Taxation Administration Act 1996
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