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5th Annual Property Intensive - An update of local and global property issues

Published on 12 Sep 2007 | Took place at Sydney Harbour Marriott Hotel, Sydney, NSW

This seminar explored the recent developments in local and global tax issues relevant to the property industry. Topics covered included:
- TOFA - the impact upon property entities
- stamp duty
- recent GST developments
- public private partnerships involving property
- international developments
- property investment and tax treaties
- real property investment in Japan.

Get a 20% discount when you buy all the items from this event.

Individual sessions

Real property investment in Japan

Author(s):  Max SEVERENS,  Andrew WHITE

This presentation includes a walk-through of some practical case studies regarding investment in Japanese property by Australian investors, and covers issues like:

  • how do you characterise funds for Japanese tax purposes?
  • how real is the permanent establishment risk?
  • do you get tax treaty benefits?
  • how to repatriate profits
  • what happens when you want to exit.
Materials from this session:

Property investment and tax treaties

Author(s):  Richard J VANN

The growth of REIT regimes worldwide has led the OECD to set up a working group to consider the tax treaty implications of cross border property investment via REITs (and Australian property trusts) and whether any modifications to tax treaty texts are appropriate. It is expected that a draft report will be released for comment by the OECD later this year. This paper considers the treaty issues, in particular:

  • tax treaty impact of different vehicles (corporate REITs and flow-through trusts/partnerships/contracts) used for collective property investment around the world
  • tax treaty impact of different ways of removing income tax at the level of the entity
  • application of current tax treaties to REITs and similar vehicles
  • possible modifications to real property, dividend and capital gains articles of tax treaties to deal with REITs and similar vehicles
  • relief of double taxation problems and tax treaty responses
  • EU tax problems for REIT regimes and their interaction with tax treaties.
Materials from this session:

Recent international developments

Author(s):  Michael COX,  Christian HOLLE

Australia’s major property companies have become increasingly global in recent years. This paper focusses on the many recent developments in Australian tax law that are relevant both to inbound and outbound investors, including:

  • TARP amendments
  • the simplified foreign income tax offset rules
  • 128F amendments
  • review of Australia’s foreign source income anti tax-deferral regimes
  • trustee withholding taxes
  • extension of hybrid rules to LLPs.
Materials from this session:

New tax measures for property and infrastructure projects

Author(s):  Paul KING

Public/private partnerships in Australia make up a market worth more than $20 billion. This paper explores the tax issues of most interest to property industry participants, including:

  • Division 6C and stapled structures
  • Division 40/43 deductions
  • losses
  • value shifting
  • treatment of earn-outs
  • Part IVA.
Materials from this session:

Recent GST developments

Author(s):  Matthew CRIDLAND

The pace of developments has not slowed in the GST area since the tax was first introduced seven years ago. This paper focusses on some of the developments that have arisen during the past 12 months. Specifically the paper focusses on:

  • the GST treatment of forfeited deposits
  • the GST treatment of 'rental guarantees'
  • the GST treatment of aged care facilities
  • development lease arrangements
  • margin scheme issues for partnerships
  • the ongoing debate regarding the 'use test' (relevant to the sale or lease of residential premises).
Materials from this session:

Stamp duty issues for wholesale property funds

Author(s):  Matthew STUTSEL

Wholesale property funds are a continuing growth area in Australia, targeted by both domestic and foreign investors. But fund managers are constrained in many ways by the different stamp duty treatment in various States. This paper considers relevant stamp duty issues for wholesale property funds, including:

  • who can invest, and who can’t
  • how can you solve the current problems for funds managers?
  • will the new ‘landholder’ model expand wholesale investment in Western Australia?
  • what is the Property Council of Australia’s uniform property trust model, and how would that help?
Materials from this session:

Taxation of financial arrangements: the impact upon property entities

Author(s):  Scott FARRELL This year has seen the release of further exposure draft legislation relating to the taxation of financial arrangements. This presentation considers the impact of these rules for participants in the property industry.

Materials from this session: