International tax structuring - Back to basics: Source, revenue or capital, treaty shopping
Published on 09 Feb 2011
| Took place at RACV Club, Melbourne
This event focused on whether the boundaries of ‘legitimate’ international tax planning have shifted following the TPG/Myer case and the much awaited release of the Australian Taxation Offices ("ATO") view on this matter in the form of Taxation Determinations TD 2010/20, TD 2010/21, TD 2010/D7 and TD 2010/D8 (the Rulings). In addition, the ATO was granted a freezing order against Resource Capital Fund III LP in November 2010.
This event covered:
- impact of the TPG/Myer case and the rulings
- what types of ‘treaty shopping’ will be caught by Part IVA having regard to the ATO's views in TD
- the global trend against treaty shopping – increased crossborder co-operation, exchange of information imitation amongst tax authorities and substance requirements
- is cross-border tax structuring an endangered art?
- other weapons in the ATO’s arsenal
- recent announcements relating to foreign managed funds and collective investment vehicles.