Tax advisings in practice - where is the line to be drawn and how do you draw it? paper

Published on 06 Oct 05 by VICTORIAN DIVISION, THE TAX INSTITUTE

Tax is a very relevant consideration in all commercial arrangements - and as such, tax is commonly used by policy makers to redirect economic activity. The daily dilemma for advisors is drawing the line between arrangements that are influenced by tax outcomes as compared with arrangements that are driven by tax outcomes. This paper considers issues that emerge as an advisor develops methodologies for approaching tax planning issues, and how they can seek to minimise risk for their clients and themselves, including:

• developing a methodology for approaching tax planning
• what is the right amount of tax?
• utility of public rulings, private rulings and class rulings
• recognising the good, the bad, and the ugly.

Author profiles

Kenneth Spence CTA-Life

Ken is a Special Counsel in the Melbourne office of Greenwoods & Herbert Smith Freehills. He has been closely involved for many years in advising Australian and foreign-owned listed companies on M&A transactions and has been extensively involved with both clients and tax professional bodies in relation to all aspects of the tax consolidation regime. Ken is a past President of The Tax Institute. - Current at 23 August 2016

More by Ken SPENCE

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• The evolution of corporate taxation – A work in progress - 01-October-2016
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• Surgery with anaesthetics: mergers and acquisitions taxation - 01-June-2015
• M&A taxation: Roasting old chestnuts paper - 18-March-2015
• Tax consolidation – Practical issues in the current law paper - 09-October-2014
• Corporate M&A - Implications of the new consolidation changes paper - 14-March-2012
• Consolidation developments: The use of “tax cost setting amount” – The never-ending saga paper - 10-February-2011
• Tax consolidations: Issues for late adopters and SMEs paper - 15-October-2010
• Preliminary analysis of The Board of Taxation position paper "post implementation review into certain aspects of the consolidation regime" paper - 14-October-2010
• Legislative changes – ACA related amendments paper - 08-May-2009
• Consolidation: Legislative changes (Part A) – ACA related amendments paper - 01-May-2009
• Tax consolidation for corporate groups - Examples with solutions paper - 02-April-2009
• Tax Consolidation For Corporate Groups - Examples with solutions paper - 02-April-2009
• Tax treatment of liabilities – The unexplored parallel universe paper - 12-March-2009
• Tax consolidations for corporate groups–“Getting on board” paper - 28-November-2008
• Consolidation - round table discussion paper - 12-October-2007
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• New CGT exposures and exemptions for non-residents paper - 17-March-2007
• The pending taxation of financial arrangements regime - practical analysis paper - 06-October-2006
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• Re-targeting capital gains tax for non-residents:Proposed Division 855 - 'Winners and Losers' - 01-August-2006
• It's important to start by getting your As and Bs right: capital benefit schemes paper - 17-March-2005
• Consolidation and Exits - the other end of the food chain - 01-October-2004
• Consolidation and Exits - the other end of the food chain Part I - 01-August-2004
• The other end of the food chain - Consolidation and Exits: summary charts - 01-August-2004
• Consolidation for SMEs convention paper - 18-October-2003
• The New World of Consolidation: Overview of Commercial and Technical Implications seminar paper - 11-June-2003
• Business consolidations for tax effectiveness - 17-May-2002
• Consolidations: large business - 14-March-2002
• Implications of the Entity Tax and Consolidation RBT Changes - 01-December-2000
• Implications of the Entity Tax & Consolidations RBT Change - 09-November-2000
• Corporate tax in transition - 18-April-2000
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• The Ralph Report: Specific corporate and trust group issues: consolidations and losses - 01-November-1999
• Tax Losses & Consolidations Workshop - 27-October-1999
• Issues and agendas - 01-December-1998
• CGT: a journey of discovery - 01-June-1998
• Capital gains tax: the TLIP rewrite - 01-June-1998
• An ace up whose sleeve?: the 1998 Federal Budget: issues that are emerging - 29-May-1998
• Issues and agendas - 01-May-1998
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• Tax in review: Painting over the cracks - 01-September-1997
• Corporate structure and reorganisation - 30-May-1997
• Out of the red: Corporate grouping: For richer or poorer, better or worse ; Tax practice: The remedies of administrative law - 01-October-1996
• Commercial debt: unforgiven implications - 01-April-1996

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Simon HAINES

More by Simon HAINES

• The pending taxation of financial arrangements regime - practical analysis paper - 06-October-2006

Click here to expand/collapse more articles by Simon HAINES.