CSR Ltd v The Chief Commissioner of State Revenue [2006] NSWSC 1380

Reported Decision : 65 ATR 65

New South Wales Supreme Court

CITATION : CSR Ltd v The Chief Commissioner of State Revenue [2006] NSWSC 1380

HEARING DATE(S) : 04/12/06

JUDGMENT DATE : 14 December 2006

JUDGMENT OF : Gzell J

DECISION : The top-up contributions fall within the definition of superannuation benefit in the Pay-roll Tax Act 1971, s 3(1). 96% of the contributions are exempt under s 3AA(6A) as in respect of services rendered by an employee before 1 July 1996.

CATCHWORDS : TAXES AND DUTIES - Pay-roll Tax - A superannuation benefit other than one paid or payable in respect of services rendered by an employee before 1 July 1996 is included in wages under the Pay-roll Tax Act 1971, s 3AA(6A) - Wages payable in New South Wales or payable elsewhere for services rendered wholly or partly in New South Wales are liable to pay-roll tax under s 6(1) - Superannuation benefit defined in s 3(1) to include money paid or payable by an employer in respect of an employee to or as a superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993 (Cth) - Plaintiff paid top-up contributions to a defined benefit fund at all times actuarially in surplus to bring its assets actuarially to 120% of its liabilities - Whether must identify a benefit to an individual employee before the payment becomes a superannuation benefit - Fund closed and no new members admitted in 1990 - Most members pensioners and retired employees or dependents - Whether in absence of a deficient at 30 June 1996 the contributions must have been attributable to post-30 June 1996 service - Whether 96% of contributions attributable to pre-1 July 1996 service

Pay-roll Tax Act 1971 Fringe Benefits Tax Assessment Act 1986 (Cth) State Revenue Legislation (Further Amendment) Act 1992 LEGISLATION CITED : State Revenue Legislation Further Amendment Act 1996 State Revenue Legislation (Miscellaneous Amendments) Act 1996 Interpretation Act 1987 Income Tax Assessment Act 1936 (Cth)