Uber wants the High Court to weigh in on its dispute with the NSW State Revenue Office over five years of payroll tax, after an appeals court found payments made to drivers were taxable.
Payments by bottler Schweppes Australia to US drink giant PepsiCo should be assessed as royalty income under tax law, the ATO has told the High Court in a high-stakes case.
The ATO has won the nod from the High Court to appeal a finding that a royalty withholding tax did not apply to payments from Schweppes to PepsiCo under agreements to sell brands like Pepsi and Gatorade in Australia.
A collectable car dealer who operated his Gosford business using a ‘museum concept’ has won a High Court victory in a dispute with the ATO over whether he should be on the hook for luxury car tax.
Uber has successfully challenged five years of payroll tax totalling more than $81 million, with a judge finding that payments made to drivers should not be taxed as wages as Uber only acts as a “payment collection agent” between rider and driver.
The tax office has asked the High Court to overturn a decision which found that payments made by Asahi Breweries-owned Schweppes to PepsiCo under agreements to sell brands such as Pepsi and Mountain Dew in Australia were not subject to a royalty withholding tax.
In a loss for the Australian Taxation Office, the Full Federal Court has found that payments made by Asahi Breweries-owned Schweppes to PepsiCo under agreements to sell brands such as Pepsi and Mountain Dew in Australia were not subject to a royalty withholding tax.
The ATO has lost its appeal of a tribunal decision in favour of Perth land developer Tina Bazzo, with the court rejecting its “all or nothing” approach to a key provision of the Taxation Administration Act.
US drink giant PepsiCo has lodged an appeal of a court win for the Australian Taxation Office over payments made by Schweppes under a distribution agreement that were found to be subject to royalty withholding tax.
In a victory for the ATO, a judge has found that payments made by Schweppes to PepsiCo as part of a bottling and distribution agreement, which did not expressly provide for payment of a royalty for use of the company’s IP, were royalties and should be taxed accordingly.