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NSW 7th Annual Tax Forum

Published on 22 May 2014 | Took place at Doltone House, Hyde Park, Sydney, NSW

Over the past few years, the tax forum has become the premier tax event in New South Wales, providing delegates with the opportunity to hear the latest technical content from leading tax professionals on current topics of interest.

The well-known format of three topic streams, SME, corporate and hot topics, offers delegates over 40 technical sessions providing them with maximum flexibility to tailor their own program to cover topics relevant to them, their colleagues, staff and clients.

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

Individual sessions

Small business CGT - Some complexities

Author(s):  Michelle HARTMAN

This paper covers:

  • basic conditions for relief
  • the maximum net asset value test
  • the small business entity test
  • the active asset test
  • who are connected entities and affiliates why are they relevant?
  • succession planning.
Materials from this session:

Property – Issues for small to medium size developers

Author(s):  Scott McGill

This paper covers:

  • introduction
  • the distinction between revenue & capital
  • specific GST issues.
Materials from this session:

Extracting wealth from private businesses

Author(s):  Greg TRAVERS

This paper covers:

  • developing a wealth extraction strategy
  • some issues with different classes of shares
  • interest deductions
  • section 100A
  • Part IVA and restructuring
  • use of corporate beneficiaries
  • dividend access shares.
Materials from this session:

Division 7A

Author(s):  Gordon S COOPER

This paper covers:

  • planning and common problems
  • distributable surplus – what do you do 3 years on?
  • who is an associate?
Materials from this session:

Paying pensions out of super funds

Author(s):  Tim Sanderson

This paper covers:

  • earnings tax exemption - legislation
  • tax proportioning – legislation
  • clarifying when a pension exists
  • implications of TR 2013/5, new regulations
  • super pensions – important strategies.
Materials from this session:

GST recent developments

Author(s):  Wai Choong Chan

This paper covers:

  • GST recent developments
  • dealing with GST refunds
  • recent GST cases on “supply”
  • recent developments in ATO compliance activity for SMEs.
Materials from this session:

Superannuation in estate planning

Author(s):  Chris Balalovski,  Simon Conolly

This paper covers:

  • eligible recipients of superannuation death benefits
  • taxation of death benefits
  • superannuation proceeds trust
  • death benefit nominations.
Materials from this session:

An update on the tax consolidation regime

Author(s):  Jenny CLARKE

This paper covers:

  • acquisition of deductible liabilities
  • acquisition costs and section 40-880
  • preserving bad debt deductions
  • deferred tax liabilities
  • the importance of correctly valuing goodwill
  • derivative contracts and tax consolidation
  • tax sharing agreements (“TSA”) / tax funding agreements (“TFA”) health check.
Materials from this session:

Capital management

Author(s):  Cameron BLACKWOOD,  Richard HENDRICKS

This paper covers:

  • raising capital through hybrid securities
  • capital raised using a rights issues with a retail premium
  • returning capital by way of a share buy-back
  • returning capital by way of a share capital return
  • is your share capital account tainted?
Materials from this session:

How to treat costs associated with buy-sell transactions and corporate restructures

Author(s):  Craig Duncan,  Mark Edmonds

This paper covers:

  • summary of income tax treatment of transaction costs
  • summary of GST treatment
  • costs incurred after target co joins consolidated group
  • multi-service and multi-purpose fees
  • all costs charged to an arranger
  • unsuccessful acquisition
  • sell side – costs incurred by vendor 
  • sell side – costs incurred by target
  • unsuccessful sale.
Materials from this session:

Taxation of non-residents

Author(s):  Clint Harding

This paper covers:

  • taxation of non-residents
  • part I: non-residents and CGT
  • interpretation and application of Australia’s tax treaties
  • case study
  • issues with Division 855
  • part II: CGT and withholding tax.
Materials from this session:

M&A update

Author(s):  Mark GOLDSMITH

This paper covers:

  • M&A cases
  • M&A related class rulings
  • technical points of interest in M&A transactions.
Materials from this session:

Evidencing your position – What to retain, what to disclose

Author(s):  Chloe BURNETT

This paper covers:

  • why evidence your position?
  • identifying the forms of evidence required to support positions adopted
  • effectively using opinion evidence provided by experts
  • obtaining relevant text technical advice.
Materials from this session:

When the ATO comes knocking…

Author(s):  Lyndall CROMPTON,  Craig JACKSON

This paper covers:

  • the ATO compliance cycle
  • the ATO risk differentiation framework
  • compliance cycle stages
  • record retention
  • information gathering.
Materials from this session:

ATO rulings on new transfer pricing legislation: What are the practical implications for taxpayers’ compliance and reporting obligations?

Author(s):  Paul BALKUS

This paper covers:

  • Australia’s new transfer pricing legislation and draft guidance released by the ATO
  • what do the new rules mean for multinational businesses?
  • other issues for business tax compliance and reporting
  • conclusion and action steps for taxpayers.
Materials from this session:

The practical impact of recent tax cases on corporate taxpayers

Author(s):  Judy SULLIVAN

This paper covers:

  • u-turns’: Macquarie Bank Ltd v Commissioner of Taxation [2013] FCAFC 119 88
  • GST anti-avoidance: Commissioner of Taxation v Unit Trend Services Pty Ltd [2013] HCA
  • promoter penalties
  • enforcement and amendment of assessments
  • double tax agreements: Commissioner of Taxation v Resource Capital Fund III LP [2014] FCAFC
  • royalty withholding tax on payment for use of software: Task Technology Pty Ltd v Commissioner of Taxation [2014] FCA
  • genuine redundancy payments: Weeks v Commissioner of Taxation [2013] FCAFC 2
  • timing of deductibility of a general interest charge: Commissioner of Taxation v Nash [2013] FCA 336.
Materials from this session:

GST - Taking a fresh look at some of the fundamental

Author(s):  Heydon MILLER

This paper covers:

  • section 9-10
  • MBI properties
  • foundational supplies
  • characterisation
  • consideration.
Materials from this session:

The ‘new’ Part IVA – What is the experience so far?

Author(s):  James PETTIGREW

This paper covers:

  • what was the new Part IVA intended to achieve?
  • practical examples of potential application of Part IVA.
Materials from this session:

ATO SMSF update

Author(s):  Matthew Bambrick

This presentation covers:

  • SMSFs: a snapshot
  • trustee compliance activities
  • new ATO powers and penalties
  • approved SMSF auditors
  • exempt current pension income
  • SMSFs: ATO services and support.
Materials from this session:

The superannuation/SMSF licensing regime panel session

Author(s):  Nidal DANOUN

This presentation covers:

  • SMSF advice:
    • removal of the accountants' exemption
    • limited AFSL for accountants and SMSF advisers
    • transition period to 30 June 2016
    • options to consider
  • regulators & SMSF:
    • ASIC activities in the SMSF advice space
    • report 337
    • consultation paper 216
  • ATO activities in the SMSF space.
Materials from this session:

Administration of the promoter penalties regime and recent court decisions

Author(s):  Tim Dyce

This paper covers:

  • background to promoter penalties
  • structure of promoter penalties
  • how the ATO manages risk of potential contravention of the promoter penalty laws
  • the ATO’s approach to administering the promoter penalty laws
  • applying the promoter penalty laws.
Materials from this session:

Tax risks for directors

Author(s):  James Foley,  Kylie Rae,  Sam Schroeder

This paper covers:

  • directors duties
  • insolvent training
  • trends in preference claims
  • director’s penalty notices – personal liability for directors
  • civil penalties – a case study on promoter penalties.
Materials from this session:

Running a matter in the Administrative Appeals Tribunal

Author(s):  John BALAZS,  Robyn THOMAS

This paper covers:

  • about the Tribunal
  • why would you take a matter to the AAT?
  • running a matter in the Tribunal: a practical overview
  • the small Taxation Claims Tribunal
  • what to avoid.
Materials from this session:

GST update

Author(s):  Jonathan Ackerman

This paper covers:

  • why worry about GST?
  • recent developments.
Materials from this session:

Employees vs contractors

Author(s):  Nick GANGEMI

This paper covers:

  • from where do we get the concept of “employment”?
  • tests applicable
  • the expanded definition under various revenue laws
  • employment agents.
Materials from this session:

Uniform capital allowances/Division 243

Author(s):  Paul KING,  Hamish WALLACE

This paper covers:

  • depreciable assets
  • cost of depreciable assets
  • depreciating assets affixed to land or improvements – items 2, 3 and 4
  • items 5 and 6
  • item 10 – owner
  • balancing adjustment events for Division 40 depreciable assets
  • interaction between Division 40 and 240
  • Division 250 – assets put to tax preferred use
  • Division 243 – limited recourse debt.
Materials from this session:

Paying frankable dividends

Author(s):  Gary GLOVER

This paper covers:

  • an overview of the Corporations Act
  • impact of accumulated losses 
  • dividends in Australian Taxation Law
  • dividend imputation integrity measures
  • dividend imputation traps with rollovers.
Materials from this session:

Employee share schemes and incentives for private companies and start ups

Author(s):  Louise BOYCE

This paper covers:

  • arrangements covered by Division 83A
  • arrangements not covered by Division 83A
  • common arrangements for start-ups/private companies
  • employee remuneration trusts for private companies/start-ups.
Materials from this session:

Aspects of the BEPS action plan

Author(s):  Mark KONZA

This presentation covers:

  • the action plan
  • OECD working parties
  • work so far and considerations for Treasury
  • what is the ATO doing.
Materials from this session:

Independent review

Author(s):  Deborah HASTINGS

This paper covers:

  • background to Independent Review 
  • what is Independent Review
  • conclusion on Independent Review.
Materials from this session:

Valuations for tax practitioners

Author(s):  Matthew Gwynne

This paper covers:

  • key valuation principles
  • case studies.
Materials from this session:

Payroll tax - Grouping & audits

Author(s):  Darren SHONE

This paper covers:

  • lessons to be learned
  • the grouping provisions - NSW
  • section 47B
  • examples of actual client situations
  • case study – background facts and suggested outcomes.
Materials from this session:

Contributions to superannuation funds

Author(s):  Graeme COLLEY

This paper covers:

  • contributions to super funds
  • allocation of contributions
  • refund of excess concessional contributions up to $10,000
  • indexation frozen up to 30 June 2014
  • concessional contributions cap for over 50s
  • additional 15% “contribution charge” for high income earners
  • concessional contributions tax refunded for low income earners
  • contributions and court and tribunal decisions.
Materials from this session:

Avoiding the testamentary trust for better options

Author(s):  Peter BOBBIN

This presentation covers:

  • family law planning mistakes
  • when it is simply not valuable
  • how the inter vivos trust can be stronger and more efficient
  • when pursuing the TT actually increases exposures
  • why beware of the anti-avoidance principles
  • super can be more super, but it is limited
  • avoiding the inevitable fights.
Materials from this session:

Current issues in the taxation of trusts

Author(s):  Dung Lam,  Mark WEST

This paper covers:

  • why use trusts today?
  • UPEs
  • section 100A – reimbursement agreement provisions
  • review of professional practice trust structures
  • trustee distribution resolutions and streaming
  • absolute entitlement and bare trusts.
Materials from this session:

Independent review - The taxpayers perspective

Author(s):  Chris KINSELLA

This presentation covers:

  • the taxpayers perspective
  • Independent Review the good
  • Independent Review the bad
  • Independent Revew the ugly.
Materials from this session:

The “new” Part IVA

Author(s):  Grant WARDELL-JOHNSON

This paper covers:

  • Part IVA in a cultural and attitudinal setting
  • the anti-avoidance world before now
  • the trilogy of ‘tax benefit’ cases of concern to the ATO
  • the rise of the “new” Part IVA.
Materials from this session:

Corporate reorganisations - Stamp duty

Author(s):  Amrit MACINTYRE

This paper covers:

  • identifying a corporate group
  • pre association and post association tests
  • purpose tests
  • public floats
  • exempt transactions
  • landholder and "land rich" duty.
Materials from this session:

Superannuation update

Author(s):  Mark WILKINSON

This paper covers:

  • social security deeming rules for account based pensions
  • trustee penalty regime
  • Budget 2014-15
  • estate planning.
Materials from this session:

Legal professional privilege

Author(s):  Thomas Arnold

This paper covers:

  • description of legal professional privilege
  • contentious areas of LPP
  • types of documents
  • waiver of privilege.
Materials from this session:

Commissioner's address

Author(s):  Chris JORDAN This video covers the Commissioner's address.

Materials from this session: