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Section 974-80: The current state of play paper

Published on 26 May 16 by VICTORIAN DIVISION, THE TAX INSTITUTE

This paper covers:

  • how did we end up here?
  • where have all the finance trusts gone?
  • can asset trusts still lend across the staple?
  • where do we go from here?

Author profiles

Richard Buchanan CTA
"Richard Buchanan CTA, is a partner in the M&A Tax team at Deloitte who specialises in the tax aspects of major infrastructure, real estate, private equity and corporate transactions. In these transactions, Richard leads teams that conduct due diligence, structuring, transaction document drafting and negotiation, liaison with regulatory authorities, model review and post-acquisition integration steps. Richard is also involved in a number of revenue authority engagements, including settlement negotiations, management of audits and risk reviews and private ruling negotiations. Richard first became a partner in 2005 at Deloitte (after beginning his career at Deloitte through university under the Deloitte cadet program). Richard was then approached to join Greenwoods & Herbert Smith Freehills (G&HSF) and was a partner at G&HSF for approx. 10 years until he was approached to join EY in 2016 (at which time Richard was the leader of the Melbourne office of G&HSF). In his time at a law firm, Richard was consistently recognised as one of Australia’s leading tax lawyers in external awards such as Chambers, Asia Pacific 500, Boyle’s and Legal Who’s Who. Richard rejoined Deloitte in December 2023 in the M&A Tax team. Richard is both a chartered accountant and a solicitor of the Supreme Court of Victoria. Richard is a fellow of the Taxation Institute of Australia and a member of the Law Institute of Victoria. Richard has an honours Commerce/ Law degree from Monash. Richard is a regular presenter at Tax Institute conferences, including the Financial Services Conference, the Victorian Tax Conference and the Infrastructure Conference on multiple occasions." - Current at 16 March 2026
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Edward Consett ATI
Photo of author, Edward Consett Edward Consett, ATI, is a tax partner specialising in transaction preparation and execution at EY. Edward has extensive experience advising on greenfield and brownfield infrastructure projects, including public and private market M&A, project financing and privatisations across energy (including renewables), utilities, transport, social infrastructure and natural resource asset classes. Edward is a Member of Chartered Accountants Australia & New Zealand and a practising solicitor. - Current at 23 February 2023
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This was presented at National Infrastructure Conference .

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Individual sessions



Division 6C of the ITAA36 negative control

Author(s):  Terry MURPHY,  Julianne JAQUES

Materials from this session:

Division 6C property funds - Land in the context of infrastructure

Author(s):  Chris PEADON

Materials from this session:

Tax sharing and tax funding agreements in a project financing context

Author(s):  David WOOD

Materials from this session:

ATO areas of compliance focus

Author(s):  Rhys MANLEY,  Craig SAUNDERS

Materials from this session:

The infrastructure market in Australia current themes and perspectives

Author(s):  John Pickhaver

Materials from this session:


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