Contacting RevenueSA

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If you require an independent review of a decision in relation to a First Home Owner Grant, First Home Bonus Grant or First Home Owner Boost, you may lodge a written notice of objection with the Treasurer, pursuant to section 25 of the First Home Owner Grant Act 2000 (“the FHOG Act”).

Objections are to be forwarded to:
The Treasurer
GPO Box 2264
ADELAIDE  SA  5001

An objection is a written notice addressed to the Treasurer informing him that the applicant is dissatisfied with the Commissioner of State Taxation’s (“the Commissioner”) decision on a First Home Owner Grant application (or related First Home Bonus Grant or First Home Owner Boost).  An Objection must be lodged within 60 days of the date of the notice of the Commissioner’s decision.

The grounds of an objection must be stated fully and in detail in the notice of objection.  This generally involves setting out the facts of the case and addressing the relevant points of law where it is considered that the Commissioner may have incorrectly applied the law.  References to case law or other legal references may help with your argument.  Objections cannot be made on the grounds of fairness but should focus on why the Commissioner's decision was wrong in fact or law.

After considering an objection, the Treasurer will make a determination to either confirm, vary or reverse the Commissioner’s decision.  The Treasurer will notify the applicant in writing of his decision, setting out the reasons for the decision.

An applicant who is dissatisfied with the Treasurer’s determination may appeal to the Magistrates Court within 60 days of the Treasurer's determination of the objection, pursuant to section 28 of the FHOG Act.

Objections are to be forwarded to:
The Treasurer
GPO Box 2264
ADELAIDE  SA  5001
  
An objection is a written notice addressed to the Treasurer informing him that the taxpayer is dissatisfied with an assessment or decision of the Commissioner of State Taxation (the "Commissioner”).  An objection must be lodged within 60 days of either the date on which the notice of assessment was served on the taxpayer or the date on which the taxpayer was notified of the decision.

The grounds of an objection must be stated fully and in detail in the notice of objection. This generally involves setting out the facts and addressing the relevant points of law where it is considered that the Commissioner may have incorrectly applied the law.  References to case law or other legal references may help with your argument.  The taxpayer must prove on the balance of probabilities that their case is correct; the "onus of proof" rests with the taxpayer.  Objections cannot be made on the grounds of fairness but should focus on why the assessment or decision was wrong in fact or law.

A taxpayer is not required to pay the relevant tax prior to lodging an objection. However, interest and penalty will continue to accrue if the taxpayer chooses not to pay the tax pending the outcome of the objection.

After considering an objection, the Treasurer will confirm, revoke or modify the Commissioner’s assessment or decision. The Treasurer will notify the taxpayer in writing of his decision, setting out the reasons for the decision.

If the taxpayer is successful on objection, the overpaid tax will be refunded together with interest at the market rate from the date of payment of the tax to the date of the refund.

Other Appeals

A taxpayer who is dissatisfied with the Treasurer’s determination of their objection may appeal to the Supreme Court within 60 days of the Treasurer’s determination of the objection, pursuant to section 92 of the TAA.

The taxpayer’s case on appeal is not limited to the grounds of the objection or the reasons for the determination of the objection or the facts on which the determination was made.

A taxpayer may also appeal to the Supreme Court if the Treasurer has failed to provide a determination within 90 days of lodgement of an objection.  If a taxpayer decides to adopt this course of action, at least 14 days written notice must be given to the Commissioner of the intention to appeal.

As with an objection, it is the taxpayer's responsibility to prove that their case is correct; the "onus of proof" rests with the taxpayer.

The relevant tax must be paid before an appeal is lodged, however, the Treasurer has the discretion to allow an appeal to proceed even though the tax has not been paid.

On appeal, the Supreme Court may do one or more of the following:

• confirm or revoke the assessment or decision to which the appeal relates;
• make an alternative assessment or decision in place of the assessment or decision to which the appeal relates;
• order that the Commissioner be paid any assessed amount that is outstanding;
• make an order as to whether costs should be awarded.

If the taxpayer is successful on appeal, the overpaid tax will be refunded together with interest at the market rate from the date of payment of the tax to the date of refund.