Published on 16 May 13
by NEW SOUTH WALES DIVISION, THE TAX INSTITUTE
Draft Taxation Determination TD 2012/D11 and the proposed amendments to Div 243 have the potential to adversely impact on project financing and securitisation activities.
This paper covers:
- Securitisation structures:
- what is s 820-39 aimed at
- what are the ATO’s views?
- is this just an issue for securitisation structures used in PPPs?
- Limited recourse debt amendments:
- what is limited recourse debt?
- when do the provisions apply (refinancing, sale)?
- can the provisions apply even if the debt is ultimately repaid in full?
- how to calculate the “excessive deductions”, including examples.
Mark is a partner in the Deloitte International Tax Group in Australia specialising in international tax and infrastructure investment. Mark has over 20 years experience providing advice to major Australian and foreign corporates on domestic and international tax issues. Prior to joining Deloitte in January 2010, Mark spent 2 ½ years as Global Head of Tax at the Babcock & Brown group where he had responsibility for all the group's tax matters.
- Current at
19 April 2013
Greig is an Account Director in the Deloitte Brisbane tax practice with 15 years professional experience in providing taxation and legal advisory services, specialising in financial services, property and agribusiness tax matters. Greig has advised on various tax issues relating to the structuring, financing and operation of a number of Australian infrastructure and agribusiness transactions. This includes advising both resident and non-resident investors on the tax aspects relevant to agricultural assets and operations, and the application of the specific tax provisions for primary producers. Greig is also a member of the Tax Institute of Australia and a member of the Taxation Taskforce of the Infrastructure Partnerships Australia.
- Current at
23 January 2017