Stallion (NSW) Pty Ltd v Commissioner of Taxation of Cth

[2019] FCA 1306

Federal Court of Australia

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Interrogate

Catchwords

1. Taxation
2. › Goods and Services Tax
3. › Input tax credits
4. › Creditable acquisition
5. › Whether acquisition made in carrying on enterprise
1. Taxation
2. › Luxury Car Tax
3. › Decreasing adjustments
4. › Whether taxpayer supplied with luxury car
5. › Whether car held as trading stock
1. Taxation
2. › Goods and Services Tax
3. › Agency
4. › Undisclosed principal
5. › Whether taxpayer purchased as agent for another entity
1. Taxation
2. › Practice and procedure
3. › Onus of proof
4. › Section 14ZZO(b) Taxation Administration Act 1953
5. › Taxpayer's onus to establish assessments excessive

Quick Take

Where a taxpayer purchases luxury cars as undisclosed agent for another entity, the taxpayer is not entitled to input tax credits under the GST Act or decreasing LCT adjustments under the LCT Act, because the supply is made to the principal and the taxpayer does not make creditable acquisitions in carrying on its own enterprise.