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Focus Areas of Service
International Tax & Complex Tax Structures
If you are an Australian business transacting overseas or a foreign entity operating in Australia, we can assist to optimise your structure and address the difficult tax issues you will face, including:
- controlled foreign company (CFC) and transferor trust rules
- whether you have a permanent establishment in another jurisdiction
- transfer pricing rules
- withholding tax obligations
- thin capitalisation
- taxes on employees, like PAYG, superannuation and payroll tax
- multiple entry consolidated groups
- GST on exports and imports
For indivduduals heading abroad, or who have moved to Australia, or who are dealing with income from overseas, we can assist with tax issues like:
- whether you are a tax resident of Australia
- capital gains tax on changing residency
- foriegn exchange gains and losses
- Australia's right to tax non-residents on Australian asset sales
- Australia's right to tax non-resident beneficaries of an Australian trust
- Australia's right to tax Australian residents on foreign income
- Foreign Income Tax Offsets
Anti-Avoidance & ATO Disputes
Although the structure of an arrangement may meet the requirements of the relevant tax provisions in issue, it may still be challenged under the anti-avoidance regime. We are experienced in working through the complex application of these rules and providng clear advice on same.
We are also experienced in acting for taxpayers under audit or in dispute with the ATO or State /Territory Revenue Offices.
Our aim is to always look to resolve the audit or dispute in the most efficient manner, and avoid drawn out matters where possible, so you can return to focussing on your business or other more enjoyable pursuits.
We endeavour to do this through our extensive knowledge of tax laws, years of refined negotiation skills and applying various dispute resolution mechanisms.
Trusts & Family Wealth
Trusts have been used as a tax planning tool for generations, but the extent to which they can be used for such purposes is becoming increasingly unclear. We can assist to navigate through such difficulties and advise on matters like:
- how they should be established
- the tax consequences of trust distributions, including in light of s100A
- streaming capital gains
- what variations can be made to a trust deed
- who has what rights under the trust
- changing the control of a trust, including for family business succession
We can also prepare all relevant trust documents, such as trust deeds, variation deeds, and trustee minutes & resolutions.
Personal net wealth is something we all strive to achieve, and once we attain a certain level, we then seek to protect it. We can assist with asset protection stratgies to preserve that wealth.
In addition, we can also advise on the tax implications of passing your wealth to the next geneartion.
For wealth set aside for retirement we advise on the application of superannuation laws and we can prepare any necessary documents in that respect.
Excise, Fuel Tax & WET
We have extensive experience advising and assisting with wine equalisation tax (WET), excise and fuel tax credit (FTC) audits.
We also advise, among many other matters in this area, on:
- eligibility to claim producer rebates
- excise remission scheme
- eligibility to claim FTCs and at what rate
- product classification for WET and excise purposes
- excise licensing requirements
- manufacturing and distribution arrangments
Charities & Not-for-Profits
With the size of the not-for-profit sector increasing so rapidly in recent times, so to has the associated regulation. We can assist entities in this sector to better understand their regulatory obligations so that they remain compliant.
In particular, we can advise entities as to whether they:
- qualify or continue to qualify as tax exempt charties
- qualify or continue to qualify as tax exempt scientific, sporting, cutltural, health, resource development, educational, employment or community service organistions
- qualify or continue to qualify as DGRs
- adhere to the Australian Charities and Not-for-profits Commission (ACNC) compliance requirments
- qualify for FBT, land tax and duty exemptions
We can also assist with:
- establishing charities and not-for-profit entities
- structuring mergers and acquisitions of not-for-profits
- reviewing the adequacy of existing constitutions and by-laws for modern regulatory purposes, and preparing new ones if required
- establishing private and public ancilliary funds
- varying old form charitable and welfare trusts no longer fit for purpose
State Taxes - Land Tax, Payroll Tax & Duties
We have extensive experience in advising on all State and Territory based taxes.
With respect to duties we can assist on all facets including advising on:
- eligibility for corporate reconstruction relief
- eligibility for intergenerational transfer of farmland exemption
- in specie transfers from SMSFs
- changes to trusts, such as addition and removal of beneficiaries
- land rich entity rules
- ways to structure acquisitions of speciality assets, like mining assets and retirement villages
We also have experience in advising clients on the optimal way to structure their property investments from a land tax perspective.
For payroll tax we have expertise in resolving payroll tax audits, structuring arrangements to reduce the risk of grouping and the inclusion of contatctors and advising which jurisdiction in Australia wages are liable to tax.