Qld Revenue has included an SMSF and its holding trusts within a payroll tax group on the basis that they are each a business (as that term is defined in the payroll tax legislation) and they are each controlled by two individuals (by reason of being the trustees of the SMSF and directors of the holding trustee) who control other businesses.
QLD revenue is seeking to recover unpaid payroll tax in respect of the group. Apparently, the only entities with the group who have assets are the SMSF and its holding trusts.
Only preliminary and procedural issues have so far been litigated. If Qld Revenue is successful, then the asset protection aspect of SMSFs will be materially reduced.
The issue of whether the SIS Act overrides the state legislation has not, as yet, been raised.
Refer “Mewcastle Superannuation Fund Case” – [2016] QSC 132.
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