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Capital management of financial institutions and the related tax issues

Published on 01 Apr 13 by "THE TAX SPECIALIST" JOURNAL ARTICLE

Against the background of the first anniversary of the global financial crisis, the leaders of the Group of 20 countries and the European Union met in September 2009 and agreed on basic principles for a set of reforms to strengthen the international financial regulatory system. These principles are now known as Basel III. The Basel III reforms cover the capital, liquidity and funding positions of banks. This article is focused on capital requirements. The article focuses on bank capital and bank capital management as the principles are similar for insurers, although relevant issues for insurers are also mentioned.

The article opens with an introduction to bank and insurance capital and the Basel III capital reforms. The article then discusses Tier 1 and Tier 2 securities, and the interaction of bank capital with ratings capital. The remainder of the article then examines tax issues for bank issuers, insurance issuers and investors.

Author profiles

Anthony Frost CTA
Photo of author, Tony FROST Tony is the Managing Director of Greenwoods & Freehills. With more than 25 years experience in tax, Tony has a focus on financial services and financial transactions. Tony has advised clients on a wide range of tax matters, including innovative financial products, mergers and acquisitions, cross-border dealings, transfer pricing, tax audits and negotiations with the Australian Taxation Office. Tony has also advised clients on various OBU matters over many years, and is part of the consultation group set up by Treasury to discuss changes to the OBU rules announced in the previous government’s 2013-14 Budget. - Current at 22 May 2017
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Tricia Ho-Hudson
Tricia is the Head of Capital & Regulatory Strategy at the Commonwealth Bank of Australia. Tricia’s team is responsible for management of the capital of the Commonwealth Bank and its subsidiaries (approximately $35 billion), as well as strategic implementation of financial regulatory reform generally. The team is also responsible for execution of all capital transactions. Tricia is a member of the Tax and Capital Management Working Group coordinated by the Australian Bankers Association. - Current at 02 May 2013
Julian Pinson FTI
Julian is a Senior Associate at Greenwoods & Herbert Smith Freehills Pty Limited. He advises on the domestic and international tax aspects of a wide range of matters for clients, primarily in the finance, infrastructure, property and funds management sectors. He has been involved in advising on the tax aspects of corporate acquisitions and reorganisations, cross-border financing transactions, financial products and capital raisings. - Current at 13 November 2014
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