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Vic 3rd Annual Tax Forum

Published on 08 Oct 2015 | Took place at Park Hyatt, Melbourne, VIC

The VIC 3rd Annual Tax Forum included deep technical updates on a wide range of topics and was complemented with practical and commercial insights delivered through case studies, panel discussions and Q&A. Topics covered included:

  • M&A
  • capital management
  • Div 7A
  • recent tax cases
  • superannuation
  • GST
  • estate planning.

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Individual sessions

Employee share plans

Author(s):  James Newnham

This paper covers:

  • why have an employee share plan?
  • the ESS evolution
  • incentivising innovation: start-up rules
  • do the changes go far enough?
  • choosing the plan that is right for your business.
Materials from this session:

Cases update for private groups

Author(s):  Sam Ure

This paper covers:

  • High Court of Australia
  • superannuation
  • Division 7A
  • trust issues
  • small business concessions
  • employee/contractor distinction
  • assessments, review and dispute resolution.
Materials from this session:

Business succession - Involuntary events

Author(s):  Daniel SMEDLEY

This paper covers:

  • options used to implement the arrangements
  • taxation implications in light of recent tax law changes
  • other issues to be addressed
  • the wider context of equity participant agreements.
Materials from this session:

ATO views on professional services practices

Author(s):  Mark NORTHEAST

This paper covers:

  • what is a professional services practice?
  • changes last ten years
  • acceptable structures
  • ability to income split - practice owners
  • who cannot restructure
  • service entity interaction
  • payments to retiring partners.
Materials from this session:

Division 7A and winding up structures

Author(s):  Michael PARKER

This paper covers:

  • winding up companies
  • forgiveness of loans
  • death and Division 7A
  • vesting of trusts and Division 7A
  • Board of Taxation recommendations.

 

Materials from this session:

An inside perspective on the Tax White Paper

Author(s):  Roger Brake

This presentation covers:

  • component of S&P 500 market value, 1975-2015
  • the number of people (aged 15 to 64) per person aged 65+ is decreasing
  • sources of growth in real national income per person
  • Australia currently relies on taxes that have high economic costs and with risks to growth
  • Australia’s reliance on personal income tax revenue is also high.
Materials from this session:

Free trade agreements

Author(s):  Peter KONIDARIS,  Paul Cornick

This presentation covers:

  • general overview
  • getting value from free trade agreements
  • a closer look at KAFTA, JAEPA and ChAFTA
  • taxation implications
  • broader opportunities available to Australian businesses
  • case studies.
Materials from this session:

Current perspectives and insights of the Board of Taxation

Author(s):  John EMERSON

This presentation covers:

  • the Board
  • potential discussion topic
  • reinventing the Board’s role
  • technical review processes
  • recently released reports
  • overview of 2015 and 2016 activities
  • deregulation
  • specific review - voluntary tax transparency code
  • specific review - implementation of anti-hybrid rules
  • tax policy development.
Materials from this session:

The current tax reporting landscape

Author(s):  Mark ElÁtrache,  Andrew Baillie

This presentation covers:

  • the burning platform
  • the current tax reporting landscape:
    • environment
    • trends
    • operational
    • outcomes.
Materials from this session:

Part IVA and profit shifting

Author(s):  Greg DAVIES

This paper covers:

  • profit shifting by multinational enterprises
  • Part IVA of the Income Tax Assessment Act 1936
  • Tax Laws Amendment (Countering Tax Avoidance and Multinational Profit Shifting) Act 2013
  • Tax Laws Amendment (Tax Integrity Multinational Anti-avoidance Law) Bill 2015
  • profit shifting and Part IVA.
Materials from this session:

Topical tax cases and rulings for corporates

Author(s):  Ross HOCKING,  Alexandra Patrick

This paper covers:

  • AusNet Transmission Group Pty Ltd v The Commissioner of Taxation [2015] HCA 25 – capital v revenue
  • Commissioner of Taxation v AusNet Transmission Group Pty Ltd [2015] FCAFC 60 – copyright decision
  • Tax consolidation and Part IVA: Channel Pastoral Holdings Pty Ltd v Commissioner of Taxation [2015] FCAFC 57
  • Residency of companies: Hua Wang Bank Berhad v Federal Commissioner of Taxation [2014] FCA 1392
  • Residency of individuals: The Engineering Manager and Commissioner of Taxation [2014] AATA 969
  • Haritos v Commissioner of Taxation [2015] FCAFC 92
  • Withdrawal of section 14ZYA notices: Commissioner of Taxation v McGrouther [2015] FCAFC 34
  • John Holland Group Pty Ltd v Commissioner of Taxation [2015] FCAFC 82
  • Commissioner of Taxation v Desalination Technology Pty Limited [2015] FCAFC 96.
Materials from this session:

The role of technology in the evolving finance and tax team

Author(s):  David ALLEN,  Donal Graham

This presentation covers:

  • issues driving transformation
  • overarching trends in finance transformation
  • new technology impacts
  • evolving opearting models
  • change considerations.
Materials from this session:

Current issues in cross border financing

Author(s):  Daniel McINERNEY

This presentation covers:

  • neutralising hybrid mismatches
  • limitation of interest deductions
  • transfer pricing: issues arising under old law
  • transfer pricing: reconstruction under Subiv 815-B.
Materials from this session:

Superannuation - Tax perspectives from both sides of the fence

Author(s):  Noelle KELLEHER

This presentation covers:

  • context
  • from tax advisor to tax user
  • expectations of the users:
    • Board
    • audit committee
    • investment committee
    • others
  • tips and traps
  • does size matter?
Materials from this session:

Succession & estate planning – Money, family & fights

Author(s):  Bernie O'SULLIVAN,  Thalia Dardamanis

This paper covers:

  • estate disputes - the new (2015) Victorian rules
  • SMSF disputes - the changing landscape of death benefit controversies
  • family trusts & family fights - how to transition from one generation to another
  • mutual Wills - are they worth it?
Materials from this session:

BEPS - The past, the present and the future

Author(s):  Damian PRESHAW

This presentation covers:

  • BEPS - the past
  • BEPS - the present
  • BEPS - the future.
Materials from this session:

Tax consolidation: “If it isn’t broken, fix it until it is …”

Author(s):  Alexis KOKKINOS,  Ali Suleyman

This presentation covers:

  • deductible liabilities measure
  • Channel Pastoral Holdings decision
  • Financial Synergy Holdings decision
  • restructuring using tax consolidation.
Materials from this session:

Current practical issues and opportunities for SMES

Author(s):  Zara RITCHIE

This presentation covers:

  • recap on transfer pricing developments
  • how relevant is BEPS for small business?
  • BEPS package - final recommendations
  • BEPS Action 13 - country by country reporting
  • Australia’s continuing response to the BEPS review
  • options for SMEs to effectively manage transfer pricing
  • simplified recordkeeping
  • planning & structuring for SMEs and private groups
  • how do you manage transfer pricing where businesses grow offshore organically?
  • typical related party dealings for SMEs
  • case study.
Materials from this session:

What is genuine tax reform?

Author(s):  Miranda STEWART

This presentation covers what is genuine tax reform.

 

Materials from this session:

GST and property - Mistakes made and opportunities lost

Author(s):  Adam Mallabone

This paper covers GST and property - mistakes made and opportunities lost.

 

Materials from this session:

What you can do to facilitate early dispute resolution

Author(s):  Stuart Orme

This paper covers:

  • the changing environment for tax disputes
  • initiatives to improve the resolution of tax disputes
  • what you can do to facilitate early dispute resolution.

 

Materials from this session: