Avon Products Pty Limited v Commissioner of Taxation

[2006] HCA 29
Judgment date
Case number
S541/2005
Before
Gleeson CJ, Gummow, Kirby, Hayne, Heydon JJ
Catchwords

Taxation and Revenue – Sales tax - Credit for sales tax overpaid - Passing on - CR1 in Table 3 of Schedule 1 to the Sales Tax Assessment Act 1992 (Cth) - Taxpayer did not change its pricing policy when it learned a lower rate of tax applied - Burden of proof upon taxpayer to establish it has not passed on the overpayment - Whether taxpayer satisfied onus of proof - Whether an overpayment of sales tax is passed on only if the price is increased by the amount of the tax overpaid.

Words and phrases – "passing on".

Sales Tax Assessment Act 1992 (Cth) – Pt 4, Sched 1, Table 3 CR1.

Taxation Administration Act 1953 (Cth) – Pt IVC, s 14ZZO.

Files
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29.pdf (79.19 KB)