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Back to basics on non-resident capital gains and related developments paper

Published on 26 Oct 16 by WESTERN AUSTRALIAN DIVISION, THE TAX INSTITUTE

This paper covers:

  • the role of Division 855
  • how it works
  • comparison with state and territory landholder duty
  • treaty issues that arise
  • new foreign investment Review Board tax conditions
  • new non-resident CGT withholding rules - the impact on transactions.

Author profiles

Philip Bisset CTA
Philip Bisset, CTA, is a taxation partner at Clayton Utz. He has over 30 years' experience in many facets of revenue law and commercial taxation, practising as a lawyer, chartered accountant and corporate tax manager. He has significant experience in managing audit and tax disputes and in negotiating settlements to successful outcomes. Philip also helps his clients develop robust tax policies and risk guidelines to minimise the potential reputational and commercial threats to their organisations in connection with tax audits and disputes. Philip is the instructing solicitor for a number of cases currently before the Federal Court. - Current at 29 April 2021
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John Middleton CTA
John Middleton, CTA, is part of the ATO’s Tax Counsel Network, where he works on complex technical advice, tax reform projects, and strategic litigation. He also worked in Policy and Law Design within the ATO. Prior to this, he had over 20 years in the private sector at Clayton Utz Brisbane specialising in revenue and commercial law. He practised in CGT, stamp duty, GST and general tax, as well as trust and corporate law. While in private practice John was listed in Doyle’s and Best Lawyers in respect of revenue law matters. - Current at 11 September 2025
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Melanie McComb
Luke Furness
Luke Furness is a Special Counsel at Clayton Utz with extensive disputes expertise encompassing tax and duties litigation, corporate and shareholder disputes, bankruptcy and insolvency, as well as general commercial disputes. Clients consistently applaud Luke for his remarkable capacity to thrive under pressure, adeptly handling demanding court proceedings and client-driven timelines, all while ensuring the team remains well-prepared and highly motivated. Luke is also a former finalist in the Lawyers Weekly 30 Under 30 Awards for Dispute Resolution. - Current at 06 March 2026
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This was presented at 2016 National Resources Conference .

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