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  • Queensland State Convention: Reach for the Stars

Queensland State Convention: Reach for the Stars

Published on 02 Aug 2007 | Took place at Holiday Inn, Surfers Paradise, QLD

This program contained something for all tax practitioners. Speakers included Justice Ian Gzell and David Bloom QC, Ken Spence and Neil Ward, as well as a range of experts. Keynote sessions dealt with the Courts' attitute to tax in commercial litigation, doing business with Chindia, the Commissioner's access guidelines, in addition to a series of outstanding sessions on other current topics such as the latest restructuring strategies, the small business CGT concessions, and updates on GST, trusts and international tax.

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Individual sessions

Superannuation: the new regime

Author(s):  Allan MCPHERSON

This paper covers:

  • review of changes post 30 June 2007
  • contribution strategies
  • new strategies and pension rules.
This paper was also presented at the SME Intensive held in Brisbane on 27 August 2007 and at the Regional Tax Update held in Toowoomba on 5 November 2007.
Materials from this session:

Infrastructure taxation: Division 250

Author(s):  Neil WARD

This paper covers:

  • where are we with this overdue reform?
  • have we finally seen the last of the terrible twins - s.51AD/Division 16D
  • analysing transactions under the new rules.
Materials from this session:

International tax and the new CGT exposures

Author(s):  Ken SPENCE,  Richard SHADDICK

The Government has introduced new provisions to first narrow the focus of CGT for non-residents to Australian real property and permanent establishment assets and secondly introduce a rigorous “land rich” type mechanism that looks through interposed entities. This paper considers:

  • which taxpayers will benefit?
  • how this particular “land-rich” tracing mechanism operates
  • structuring implications
  • tax treaty interactions, i.e. whether Australia has the right to impose this new tax impost
  • assets held through trusts.
This paper was also presented on 3 August 2007 by Ken Spence at the Queensland State Convention in Surfers Paradise.
Materials from this session:

Property and tax issues

Author(s):  Russell BEER

This paper covers:

  • the accidental 'mum and dad' developer
  • examining issues associated with large scale developments
  • consideration of structuring issues for property developers.
Materials from this session:

The Commissioner's access guidelines

Author(s):  David BLOOM

This paper covers:

  • legal professional privilege
  • the access guidelines - content and purpose
  • the Evidence Act and the High Court's decision in Esso
  • how the Commissioner administers the Guidelines.
Materials from this session:

GST: a simple tax in a complex world

Author(s):  Damian WELSHE

This paper covers:

  • the basic building blocks of the tax revisited
  • how are they being interpreted by the Courts and the ATO?
  • controversies that have arisen with seemingly innocuous transactions.
Materials from this session:

Corporate trusts and trading trusts

Author(s):  Mark Molesworth

This paper covers:

  • Division 6:
    • usual basis of distribution
    • flow through vehicles and effective tax distributions
  • Divisions 6B & 6C
    • corporate unit trusts and public trading trusts
    • what if my trust is taxed like a company?
Materials from this session:

Small business CGT concessions

Author(s):  Ash CHOTAI

This paper covers:

  • what the changes mean for existing structures
  • controlling individual v significant individual
  • are multi-tiered structures back?
Materials from this session:

Projects in Australia

Author(s):  Michelle BOUTIN,  Shelley WESTBURY

This paper covers:

  • residency implications
  • employer tax obligations including 'economic employer'
  • immigration and visa issues.
Materials from this session:

Insolvency issues

Author(s):  Craig BOWIE

This paper covers:

  • ATO priority?
  • issues for Directors
  • PAYG recovery provisions.
Materials from this session:

Research and development update

Author(s):  Adrian CARROLL,  Malcolm HALL

This presentation covers:

  • tecent moves by AusIndustry and the ATO
  • Section 39L audits
  • evidencing R&D planning
  • integration of documentation to existing processes.
Materials from this session:

Latest restructuring strategies

Author(s):  Michael CLOUGH,  Daniel SNYDER

There is now a veritable menu of rollovers, reliefs and consolidation rules which can potentially apply to mergers, demergers and asset transfers. Each item on the menu has its own pre-requisites and there are some common rules to observe. Overlaying that are specific and the general anti-avoidance provisions. This paper will help you understand how they all come together and identify traps to avoid. We will not be cooking the books, but you will learn how to choose from the menu without getting egg on your face. Topics covered in this paper include:

  • pulling companies apart using the demerger rules
  • the section 45B ATO practice statement
  • putting companies back together using the CGT rollover rules
  • using the consolidation regime to move assets between companies
  • theoretical possibilities versus practical realities.
Materials from this session:

Doing business with Chindia

Author(s):  Johanna ROCHE,  Qing LI

This presentation covers:

  • establishing structures
  • financing and repatriating funds
  • tax systems and concessions.
Materials from this session:

The courts, tax and commercial litigation

Author(s):  The Hon. Justice Ian GZELL The purpose of this paper is to trace the way in which Courts, in commercial litigation have dealt with the question whether an adjustment should be made to the judgment of the Court on account of income tax, capital gains tax or goods or services tax and to offer the writer’s solution to the problem.

Materials from this session:

The use of special purpose trusts in estate planning

Author(s):  Matthew BURGESS

In light of fundamental changes to the taxation regime and the expanding wealth of Australia’s aging population, there is a growing need for estate planning to utilise appropriate structuring. This article focuses on the use of special purpose trusts in the estate planning process.

The second part of this article appears in the June 2007 edition of Taxation in Australia.

The paper in its entirety was originally presented on 16 March 2007 at the 22nd National Convention held in Hobart. It was subsequently presented on 3 August 2007 at the Queensland State Convention held in Surfers Paradise.

Materials from this session:

Recent developments in the taxation of trusts

Author(s):  Mark L ROBERTSON

This paper covers:

  • present entitlement to income
  • the effect of losses (Cajkusic)
  • unit trusts (Pearson/CPT)
  • distributions to beneficiaries (Weyers/Raftland).
Materials from this session: