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ARTICLE · 28 OCTOBER 2012

Has your charity or NFP overpaid payroll tax?

The WA Chamber of Commerce and Industry successfully argued that it was a charity and therefore exempt from payroll tax.

AustraliaTax

In a recent development for the not-for-profit sector and charitable bodies, the Western Australian Chamber of Commerce and Industry ("CCI") successfully argued that it was a charity and therefore exempt from payroll tax. Importantly, the Tribunal also held that CCI was entitled to refund of payroll taxes paid going back up to 5 years.

The case was heard in the Western Australian Administrative Tribunal and given that payroll tax legislation in Australian states and territories are largely harmonised, could have precedential value in other Australian jurisdictions.

This case centred on whether the CCI had as its main purpose "other purposes beneficial to the community" which is a test of charitable status. The meaning of a charity stems from very old case law and was not in contention.

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