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ARTICLE · 22 JULY 2024

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Payroll Tax Obligations For Authorised Representatives Of ACL And AFSL Holders

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Authorised representatives of Australian Financial Service License (AFSL) holders and credit representatives of Australian Credit Licence (ACL) holders may be deemed "contractors"...

AustraliaFinance and Banking
Jim Bulling
Jim Bulling

Authorised representatives of Australian Financial Service License (AFSL) holders and credit representatives of Australian Credit Licence (ACL) holders may be deemed "contractors" for payroll tax purposes, following a recent ruling by the Supreme Court of NSW.

Background

The proceedings involved a franchisor in the consumer and home loans market (Franchisor) and concerned whether the Franchisor was liable for payroll tax in the seven financial years ending 30 June to 2012 to 30 June 2018 in respect of payments made to individual mortgage brokers pursuant to "Broker Agreements". Specifically, the court deliberated on whether the agreements constituted "relevant contracts" under the Payroll Tax Act 2007 (NSW).

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