Krcmar Holding Pty Limited v Chief Commissioner of State Revenue [2015] NSWCATAD 54

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Krcmar Holding Pty Limited v Chief Commissioner of State Revenue [2015] NSWCATAD 54 Hearing dates: 20 November 2014 Decision date: 26 March 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: P Wass, Senior Member Decision: Assessments for the land tax years 2009, 2010 and 2014 are confirmed in accordance with s.101(1)(a) Taxation Administration Act 1996 (NSW). Catchwords: Fixed trust – special trust – land tax – hardship. Legislation Cited: Taxation Administration Act 1996 (NSW) Land Tax Management Act 1956 (NSW) Cases Cited: Dynset Pty Limited v. Commissioner of State Revenue [2008] NSWADT 245 GTN Developments v. Chief Commissioner of State Revenue [2007] NSWADT Sayden Pty Limited v. Chief Commissioner of State Revenue [2013] NSWCA 111 Valastar Pty Limited v. Chief Commissioner of State Revenue Category: Principal judgment Parties: Krcmar Holdings Pty Limited (Applicant) Chief Commissioner of State Revenue (Respondent) Representation: Counsel: I Mescher (Respondent)

Solicitors: A Emanuel (Agent for the Applicant) Crown Solicitors Office (Respondent) File Number(s): 1410364

reasons for decision

Introduction 1. By an Administrative Review Application form filed in the Tribunal on 13 July 2014, the Applicant seeks a review of a decision of the Respondent on 12 May 2014 to disallow the Applicant's objections to the assessment of land tax in respect of the 2009, 2010 and 2014 years on the grounds that the decision is a "harsh and inequitable retrospective decision in assessing a unit trust as a special trust in relation to land since disposed of due to a power created by a single clause buried deep in a trust deed that was never used". 2. The Respondent had decided that the information required to assess the Applicant's unit trust correctly had not been provided at the time of the initial land tax assessments and, as such the assessments were required to be reissued. 3. The Respondent also held that, although the Applicant had executed a deed of amendment, classifying the trust as a fixed trust, it was not executed before 31 December 2013 and, as such only took effect from the 2015 land tax year onwards.