Commissioner of Taxation of Cth v 4 Doonan Street Collinsville Pty Ltd (in liq)

[2016] NSWCA 69

NSW Court of Appeal

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Interrogate

Catchwords

1. Taxes and Duties
2. › Running Balance Accounts
3. › Part IIB of Taxation Administration Act 1953 (Cth)
4. › Treatment of payments, credits and RBA surpluses
5. › Method 1 — allocation to RBA
6. › Whether Commissioner empowered to allocate excess non-RBA credit iteratively across multiple RBAs
7. › Whether allocation and application process is recursive
8. › Taxation Administration Act 1953 (Cth), ss 8AAZL, 8AAZLA
1. Corporations
2. › Winding up
3. › Voluntary winding up
4. › Effect on Commissioner's powers under taxation legislation
5. › Whether Part IIB of Taxation Administration Act 1953 (Cth) available after appointment of liquidator
6. › Whether RBA allocations affect 'property of the company'
7. › Whether inconsistent with pari passu principle
8. › Corporations Act 2001 (Cth), ss 500, 501, 553C, 555
1. Corporations
2. › Winding up
3. › Leave to proceed
4. › Whether leave required under s 500(2) of Corporations Act 2001 (Cth) to bring appeal against company in liquidation
5. › Corporations Act 2001 (Cth), s 500(2)

Quick Take

The Court held that the Commissioner is both empowered and obliged to allocate and apply excess non-RBA credits iteratively across multiple RBAs of a company in liquidation, and that this process does not constitute an attachment or execution against property of the company.