New South Wales Consolidated Acts

PAYROLL TAX ACT 2007 - SECT 72

72 Groups of commonly controlled businesses

(1) If a person or set of persons has a controlling interest in each of 2 businesses, the persons who carry on those businesses constitute a group.

Note--: Section 79 (Exclusion of persons from groups) allows the Chief Commissioner, for payroll tax purposes, to exclude persons from a group constituted under this section in certain circumstances.

(2) For the purposes of this section, a person or set of persons has a controlling interest in a business if--

(a) in the case of 1 person--the person is the sole owner (whether or not as trustee) of the business, or

(b) in the case of a set of persons--the persons are together as trustees the sole owners of the business, or

(c) in the case of a business carried on by a corporation--

(i) the person or each of the set of persons is a director of the corporation and the person or set of persons is entitled to exercise more than 50% of the voting power at meetings of the directors of the corporation, or

(ii) a director or set of directors of the corporation that is entitled to exercise more than 50% of the voting power at meetings of the directors of the corporation is under an obligation, whether formal or informal, to act in accordance with the direction, instructions or wishes of that person or set of persons, or

(d) in the case of a business carried on by a body corporate or unincorporate--that person or set of persons constitute more than 50% of the board of management (by whatever name called) of the body or control the composition of that board, or

(e) in the case of a business carried on by a corporation that has a share capital--that person or set of persons can, directly or indirectly, exercise, control the exercise of, or substantially influence the exercise of, more than 50% of the voting power attached to the voting shares, or any class of voting shares, issued by the corporation, or

(f) in the case of a business carried on by a partnership--that person or set of persons--

(i) own (whether beneficially or not) more than 50% of the capital of the partnership, or

(ii) is entitled (whether beneficially or not) to more than 50% of the profits of the partnership, or

(g) in the case of a business carried on under a trust--the person or set of persons (whether or not as a trustee of, or beneficiary under, another trust) is the beneficiary in respect of more than 50% of the value of the interests in the first-mentioned trust.

(3) If--

(a) 2 corporations are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth, and

(b) 1 of the corporations has a controlling interest in a business,

the other corporation has a controlling interest in the business.

(4) If--

(a) a person or set of persons has a controlling interest in a business, and

(b) a person or set of persons who carry on the business has a controlling interest in another business,

the person or set of persons referred to in paragraph (a) has a controlling interest in that other business.

(5) If--

(a) a person or set of persons is the beneficiary of a trust in respect of more than 50% of the value of the interests in the trust, and

(b) the trustee of the trust (whether alone or together with another trustee or trustees) has a controlling interest in the business of another trust,

the person or set of persons has a controlling interest in the business.

(6) A person who may benefit from a discretionary trust as a result of the trustee or another person, or the trustee and another person, exercising or failing to exercise a power or discretion, is taken, for the purposes of this Part, to be a beneficiary in respect of more than 50% of the value of the interests in the trust.

(7) If--

(a) a person or set of persons has a controlling interest in the business of a trust, and

(b) the trustee of the trust (whether alone or together with another trustee or trustees) has a controlling interest in the business of a corporation,

the person or set of persons is taken to have a controlling interest in the business of the corporation.

(8) If--

(a) a person or set of persons has a controlling interest in the business of a trust, and

(b) the trustee of the trust (whether alone or together with another trustee or trustees) has a controlling interest in the business of a partnership,

the person or set of persons is taken to have a controlling interest in the business of the partnership.