J.A.M. Investments Australia Pty Ltd as Trustee of the Geokjian Trust v Chief Commissioner of State Revenue [2011] NSWADT 76

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: J.A.M. Investments Australia Pty Ltd as Trustee of the Geokjian Trust v Chief Commissioner of State Revenue [2011] NSWADT 76 Hearing dates: On the papers Decision date: 13 April 2011 Before: A Verick, Judicial Member Decision: The reassessments issued on 27 January 2010 for the land tax years 2006, 2007, 2008, 2009 and 2010 are affirmed. Catchwords: Land Tax - whether unit holders "owners" Legislation Cited: Land Tax Management Act 1956 Land Tax Act 1956 Land Tax Assessment Act 1910 (Cth) Land Tax Act 1958 (Vic) Cases Cited: CPT Custodians Pty Ltd v Chief Commissioner of State Revenue (2005) 224 CLR 98 Glenn v Federal Commissioner of Land Tax (1916) 21 CLR 490 Sahab Holdings Pty Ltd ATF Kanjian Family Trust v Chief Commissioner of State Revenue (RD) [2010] NSWADTAP 4 Pearson v Commissioner of Taxation [2006] FCAFC 111 Category: Principal judgment Parties: J.A.M Investments Australia Pty Ltd as trustee of the Geokjian Unit Trust (Applicant) Chief Commissioner of State Revenue (Respondent) Representation: Counsel : T L Wong (Respondent) Michael Doran (Agent for Applicant) State Crown Solicitor (Respondent) File Number(s): 106062

reasons for decision 1This is an application by J.A.M. Investments Australia Pty Ltd (the "Applicant") as trustee of the Geokjian Unit Trust (the "Trust") to review reassessments issued by the Chief Commissioner of State Revenue (the "Chief Commissioner") on 27 January 2010 in respect of the 2006, 2007, 2008, 2009 and 2010 land tax years. The reassessments were issued pursuant to a determination by the Chief Commissioner that the Trust was a "special trust" within the meaning of s.3A of the Land Tax Management Act 1956 (the "Act") and was not entitled to the tax free threshold in respect of land owned by the Applicant. 2The Applicant's case is essentially that the Trust in the relevant land tax years was a "fixed trust" within the provisions found in s 3A(2) of the Act or, taken to be a "fixed trust" under s 3A(3A) of the Act.