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International tax structuring - Back to basics: Source, revenue or capital, treaty shopping

Published on 09 Feb 2011 | Took place at RACV Club, Melbourne , VIC

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 2010/20?
  • 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.

Individual sessions

International tax structuring - Back to basics: Source, revenue or capital, treaty shopping

Author(s):  Peter COLLINS

This presentation covers:

  • TD 2010/21 – revenue or capital account?
  • TD 2010/D7 – source of income
  • TD 2010/D8 – look through
  • TD 2010/20 – treaty shopping and Part IVA
  • government initiatives.
Materials from this session: