Corporate residency and private groups presentation

Published on 28 Apr 21 by SOUTH AUSTRALIAN DIVISION, THE TAX INSTITUTE

This presentation covers:

• Quarantining the profits of the foreign entity at the foreign corporate tax rate (subject to Australia’s CFC rules and transfer pricing regime)
• Accessing the dividend exemption under Subdivision 768-A ITAA 1997
• Accessing CGT reductions under Subdivision 768-G ITAA 1997
• Application of s23AH branch exemption to ‘foreign’ subsidiaries
• Determining the members of a tax consolidated group and whether foreign subsidiary members may be considered part of an Australian group depending on where decisions are made
• Whether the CFC rules apply to the entity and implications for common foreign ‘hybrid’ flow through entities
• Application of Australia’s double tax treaties.

Author profile

Philip Shepherd CTA

Philip Shepherd, CTA is a is a tax partner at Arcem Advisory, working primarily with complex family groups and mid-market corporates. During his 17 years in practice in mid-tier and big 4 firms, Phil has advised some of South Australia’s most iconic families, helping them navigate through restructures, divestments, acquisitions, succession planning, international tax structuring and ATO reviews. With a background focussing on in-bound corporate groups, Phil has a passion for seeing global business thrive in South Australia; and local businesses succeed off-shore. Phil is a Chartered Accountant, a Chartered Tax Advisor, and winner of the 2021, SME Tax Advisor of the Year Award. - Current at 04 November 2024

More by Phil Shepherd

• International expansion for SMEs paper - 10-August-2022
• Member Spotlight: Phil Shepherd - 01-May-2022
• Corporate residency and private groups paper - 28-April-2021
• Outbound SMEs – International structures and effective tax rates paper - 02-August-2019
• Trusts for Children: Strategies for transferring assets to the next generation paper - 01-December-2017

Click here to expand/collapse more articles by Phil Shepherd.