How we can assist
Our team has broad commercial experience having acted across a range of transactions over many years, as well as experience working in major international accounting firms, the Australian Taxation Office and state revenue offices. This allows our tax lawyers to provide invaluable insight to negotiating with other parties and dealing with revenue authorities.
We have excellent professional relationships with revenue authorities and our rate of success in tax and revenue disputes is a testament to the team’s technical expertise and practical approach.
Our partners have broad commercial experience having acted for clients in an extensive range of transactions over many years. This gives us an insight into the context in which tax issues arise, not merely in an intellectual technical vacuum but rather within the wider context of the enterprise. A number of our team members have worked in major accounting firms, the Australian Taxation Office and state revenue offices. Their experience provides an invaluable insight in dealing with revenue authorities and negotiating with other parties. Our rate of success in disputes with authorities is a testament to the team’s technical expertise and commercial acumen.
Our expertise includes:
- Income tax, capital gains tax and international tax
- Indirect taxes such as stamp duty and GST
- Employment taxes including employee share schemes and employee share trust structures
- The effective use of structures including discretionary, unit and hybrid trusts, corporate entities, joint ventures and partnerships
- Estate and wealth planning, including wills, testamentary trusts and probate issues, as well as succession planning and business restructures
- Tax disputes, including tax audits and enquiries, objections, negotiating settlements and appeals in the state and federal courts as well as to the High Court of Australia
- Dealing with foreign investment regulatory issues, such as Foreign Investment Review Board applications and AUSTRAC transactions
- Asian investment, with lawyers fluent in Mandarin, Cantonese and other Chinese dialects.
Taxation
Our experience
- The vendors Acting in successful negotiations with the Australian Taxation Office in respect of the capital gains tax treatment of the proceeds of sale of business by the vendors of a FMCG business comprising numerous household brands, including extensive analysis of the market value of intellectual property associated with these brands.
- The owners Acting in the restructure of a group of entities in preparation for the sale of 50% interest in the entities for in excess of $50 million utilising multiple capital gains tax rollovers and GST exemptions.
- The taxpayer Acting in its successful appeal against the Commissioner of Taxation in the Federal Court in the case of Rosgoe Pty Ltd v FCT [ 2015] FCA 1231.
- A public unlisted tax consolidated group Advising on all aspects of tax consolidation over a 5 year period – formation, joining, ACA, tax losses (transfer, utilisation, continuity of ownership test, same business test), available fractions, and deconsolidation.
- The vendor Advising on the tax and corporate compliance issues involved with the acquisition of a $0.5 billion stake in a large Australian (private) group by an international investor.
- High net worth private groups Advising High net worth private groups (with both local and international business operations) achieving successful outcomes in disputes with the Australian Taxation Office and state revenue offices.
- A trustee of a discretionary trust Having the Supreme Court extend the vesting date of the trust thereby avoiding significant tax and duty liability.
