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Payroll tax game changer? Optical Superstore decision


The Commissioner of State Revenue Victoria has been successful in the recent decision by the Court of Appeal of Victoria in Commissioner of State Revenue v The Optical Superstore Pty Ltd, where it was found that the transfer of funds from an optical store to optometrists engaged by the optical store under a “facilities use and trust” model were deemed taxable wages and subject to payroll tax obligations. The decision is likely to have far-reaching payroll tax implications for operators of medical, dental and allied health practices. While the wider implications of the decision are not yet clear, there may also be implications for businesses outside of the medical, dental and allied healthcare industries which operate under a similar model, where a person collects money on behalf of a service provider.

Author profiles

Matthew McKee FTI
Matthew is a partner of the Sydney law firm Brown Wright Stein Lawyers. Matthew assists accountants and lawyers in advising their clients on all aspects of tax and superannuation for SMEs and high net wealth individuals and family groups - Current at 10 December 2020
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Gillian Gi Yan Tam CTA
Gillian Tam is an associate at Brown Wright Stein Lawyers practising in tax and commercial law, with a focus on income tax and capital gains tax, business restructuring, and insolvency arrangements for small and medium enterprises, high-net-wealth individuals and their families. Gillian also has a wide range of experience working with clients in resolving disputes relating to tax, insolvency and commercial issues. She is personable and highly committed, concerned with building client satisfaction and providing sound strategic advice. Gillian holds a Master in Taxation from University of Sydney, and a Bachelor in Commerce and Laws from Macquarie University. - Current at 13 January 2020
Rose McEvoy
Rose is a lawyer at Brown Wright Stein Lawyers practising predominantly in tax law, trusts and estate planning. Rose works closely with the Partners at Brown Wright Stein to provide tailored advice in relation to State and Federal taxation matters, superannuation, wealth preservation and business succession. Rose particularly enjoys dealing with revenue authorities on behalf of clients and has experience in making ruling applications, managing the conduct of audits, preparing objections and representing clients in revenue litigation. - Current at 01 July 2020


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