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44th Western Australian State Convention

Published on 11 Aug 2011 | Took place at Quay West Resort, Bunker Bay, WA

The Western Australia State Convention is a much anticipated event in The Tax Institute calendar. The 2011 convention was no exception with an outstanding line-up of speakers in the program.

This year we had a new event on our program aptly named “Musical Chairs”. The Tax Institute in WA has always had State Chairs who are leaders in their field. In recognition of their contribution to The Tax Institute, a selection of six past State Chairs presented for six minutes each on their chosen topic.

Topics covered at the Convention included 2011 – Bring it on; A toe in the water – Henry and the tax forum; Significant trust issues in estate planning; Superannuation updated – Strategies and opportunities; Unpaid present entitlements – What you need to know when preparing 30 June 2011 tax returns; Residency – The new frontier; Superannuation; Investing overseas – Risks, issues and opportunities; Part IVA; The taxation of trusts – Are we there yet?; Practical implications of recent GST issues and tax audits – Lessons from Wickenby.

Get a 20% discount when you buy all the items from this event.

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Individual sessions

Tax audits - Lessons from Wickenby

Author(s):  Ken SCHURGOTT

This paper covers:

  • targeting audits
  • ATO attitudes
  • adviser attitudes
  • objection review
  • ADR approaches
  • settlements
  • section 167
  • burden of proof
  • time running
  • legal professional privilege
  • tax advice document privilege
  • without prejudice communications
  • administrative penalties
  • interest
  • bankruptcy and tax disputes
  • disputes and criminal proceedings
  • victims of Wickenby.

Please note Ken's paper has been updated since it was originally delivered and was presented at Tax Audit Survival event in South Australia on the 8th of November.

Materials from this session:

GST update: A practical approach

Author(s):  Tony INCE,  Paula Hughes

This paper covers:

  • BOT recommendations and 2011 budget
  • mixed vs composite supplies
  • enterprise
  • contracts
  • property.
Materials from this session:

The taxation of trusts - Are we there yet?

Author(s):  Ken SCHURGOTT

This paper covers:

  • the new streaming provisions
  • the Commissioner's position
  • general law streaming
  • overview of flow-through
  • franked distributions
  • capital gains.
Materials from this session:

Muffled echoes of old arguments and Part IVA

Author(s):  Tony PAGONE QC

This paper covers:

  • conclusion about dominant purpose
  • alternative postulates
  • dichotomy between rational commercial decisions and tax planning
  • the predication test
  • objective purpose
  • tax benefit
  • advising.
Materials from this session:

Investing overseas - Risks, issues and opportunities

Author(s):  Mathew CHAMBERLAIN,  Michelle Aubin

This paper covers:

  • Australian tax considerations
  • local considerations
  • lessons learned - 'Top 5' tips.
Materials from this session:

Residency - The new frontier

Author(s):  Tony UNDERHILL

This paper covers:

  • source and residency for tax purposes
  • the concept of residency
  • ordinary residence test
  • domicile in Australia test
  • physical presence in Australia test
  • members of Commonwealth superannuation schemes test
  • the operation of double tax agreements
  • the concept of temporary resident
  • trusts and partnerships
  • residence of trusts
  • residence of self managed superannuation funds ("SMSF").
Materials from this session:

Unpaid present entitlements - What you need to know when preparing 30 June 2011 tax returns

Author(s):  Ian SNOOK

This paper covers:

  • what is the issue with Unpaid present entitlements?
  • the different "treatments"
  • preparing 2010/11 financial statements and tax returns
  • section 2 loans.
Materials from this session:

Superannuation - Updated strategies and opportunites

Author(s):  Jemma SANDERSON

This paper covers:

  • Cooper review
  • managing excess contributions
  • borrowing in superannuation
  • other recent announcements.
Materials from this session:

Significant trust issues in estate planning

Author(s):  Arlene MACDONALD

This paper covers:

  • asset protection issues (general)
  • asset protection issues (creditors)
  • asset protection issues (ex-spouses)
  • passing control of inter-vivos trusts
  • effective use of testamentary trusts
  • minimising the risk of trust disputes with ATO
  • minimising the risk of trust disputes between beneficiaries and trustee.
Materials from this session:

A toe in the water - Henry and the tax forum

Author(s):  Graeme COOPER

This paper covers:

  • the consensus of the 1980s
  • welfare economics and the optimal tax literature
  • some examples in the personal income tax context
  • corporate tax.
Materials from this session:

Bring it on

Author(s):  Terry MURPHY

This paper covers:

  • departure prohibition orders ("DPOS")
  • freezing orders
  • ancillary orders
  • security deposits
  • offshore information gathering
  • promoter penalty provisions.
Materials from this session: