With effect from 1 January 2018: liability of pledgees, mortgage holders and execution creditors for unpaid turnover tax

Legal news

In the Tax Plan 2018, the government has proposed that a new liability clause be introduced in the Collection of State Taxes Act 1990 (Section 42d). As a result, secured creditors (pledgees and mortgage holders) and execution creditors who have sought recovery from the turnover tax in the sales proceeds will be jointly and severally liable for the turnover tax not paid by the taxpayer. On 23 November 2017, the House of Representatives approved this legislative proposal and the Senate subsequently approved it on 19 December 2017. This change in the law applies with effect from 1 January 2018.