NSW Revenue secures landmark victory in payroll tax case

Adam Gerard, appearing for the Defendant, the Chief Commissioner of State Revenue (Commissioner), has secured a significant victory in the Supreme Court of New South Wales. Successfully arguing that agreements between Mortgage Brokers and a Mortgage Aggregator constituted relevant contracts for the purposes of the Payroll Tax Act 2007.

The Supreme Court dismissed the plaintiffs’ claims, finding that the agreements between Loan Market Group Pty Ltd and Loan Market Pty Ltd (Loan Market) and their mortgage brokers were “relevant contracts” under s 32(1)(b) of the Act. Consistently with the Commissioner’s position, the Court concluded that commissions paid to Mortgage Brokers were indeed wages for the purposes of the Act.

The full judgement can be found here: https://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWSC/2024/390.html

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NSW Revenue secures landmark victory in payroll tax case