Assessments and Re-assessments

Obtaining tax refunds in New South Wales involves specific processes and regulations covered by the TAA and administered by NSW Revenue.

Taxpayers are entitled to refunds of taxes paid to NSW REvenue where their liability is assessed at a lower amount or they have overpaid tax. Specific timeframes apply to some payments, but refunds are generally available for 4 years from the date of payment.

Private rulings offer a formal avenue for taxpayers in New South Wales to seek the NSW Revenue Commissioner’s opinion on how a specific payroll tax law applies to their unique situation. These rulings aim to provide clarity and certainty regarding tax obligations, especially in situations with potential ambiguities in legislation.

The Commissioner can issue rulings for future transactions, standard form documents and issues related to public trusts.

Rulings are confidential and specific to the applicant, and are not binding on the Commissioner or other taxpayers

Disputes about tax assessments or decisions occur in the following stages:

• Objections: to be lodged within 60 days, stating the reasons for objection. NSW Revenue review the objection and will make a decision or request more information;
• Review of Objections: if NSW Revenue disagrees with an objection, a request for further review may be made to the Commissioner of Revenue for an internal independent assessment. The Commissioner may confirm the original decision or make a new decision;
• Appeals: if dissatisfied with the results of the review, the NSWCAT may consider the objections and make a final decision about the taxpayer’s liability; and
• Supreme Court: in some circumstances, a decision in NCAT may be appealed to the Supreme Court in limited circumstances.