Source: Taxation In Australia Journal Article
Published Date: 1 Nov 2014
Equity investors in Australian infrastructure commonly seek protection of their investments by obtaining some certainty over the investment vehicle's governance and its operations, through entering agreements covering these areas. The ATO has expressed the view that the protections employed by minority equity investors may confer on individual investors the control (negative control) of the vehicle and its operations. This article explores the ATO's views and considers whether an alternative view is open, one which would provide greater certainty, and which would not have an unreasonably adverse impact on infrastructure investment.
The article considers the ATO's views on the concept of control in the context of the public trading trust regime, and the thin capitalisation regime. The authors then provide a deeper analysis, and conclude with a discussion of possible ways to undo or mitigate the uncertainty caused by the ATO's position.
Alternative assets insights: Alternative asset classes and flow-through taxation - Journal 01 Oct 2015
Applying infrastructure tax concepts to different industries - Paper 27 Aug 2015
Applying infrastructure tax concepts to different industries - Presentation 27 Aug 2015
Win your privatisation bid by optimising capital allowances - Presentation 18 Mar 2015
Win your privatisation bid for infrastructure assets by optimising capital allowances - Paper 18 Mar 2015
M&A: Financing - Paper 06 Sep 2012
MA: Financing - Presentation 06 Sep 2012
The heart of corporate tax - Consolidation - Presentation 25 Oct 2010
The heart of corporate tax: Consolidation - Paper 25 Oct 2010
US and UK tax update session for Australian corporates podcast - Audio 18 Oct 2021
US and UK tax update session for Australian corporates - Video 18 Oct 2021
US and UK tax update session for Australian corporates - Presentation 18 Oct 2021
Alternative assets insights: ATO views on cross-border debt issues - Journal 01 Sep 2019
Alternative assets insights - Journal 01 Jun 2019
Alternative assets insights: FCT v BHP Billiton Ltd: an influential decision - Journal 01 Apr 2019
Reconstructing financing transactions: A focus on the debt and equity rules, Division 815 and thin capitalisation - Presentation 13 Mar 2019
Alternative assets insights: Placer Dome: Not just a duty case - Journal 01 Feb 2019
Alternative assets insights: Stapled structures and foreign investor measures - Journal 01 Dec 2018
Alternative assets insights: ATO guidance on cross-border funding - Journal 01 Oct 2018
The material is copyright. Apart any fair dealing for the purpose of private study, research criticism or review, as permitted under the copyright Act, no part may be reproduced by any process without written permission from The Tax Institute.
Unless expressly stated, opinions are not that of The Tax Institute, which accepts no responsibility for the accuracy of any of the information contained within it.
The Tax Institute
(ABN 45 008 392 372 (PRV14016))
The Tax Institute is a Recognised Tax Agent Association (RTAA) under the Tax Agent Services Regulations 2009.
All materials provided on this site are protected by copyright and are owned by or licensed to TTI.
Except as expressly permitted by TTI or the copyright owner, any person or company who uses this site must not use, reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, the materials or any information, software or other content, in whole or in part, which is available through this site.