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Are we making positive progress in the negative control debate? video
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Publication date: 28 Apr 22 | Source: NATIONAL DIVISION, THE TAX INSTITUTE
Abstract:
This video covers the varying technical arguments surrounding the vexed question of negative control as it relates to Division 6C of the Income Tax Assessment Act 1936 and its bearing on managed investment trusts, discuss the ATO’s guidance and compliance approach and debate practical issues for taxpayers in navigating the issue in complex transactions.
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 2026Ryan Kinsella
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