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TOFA for real property


This paper seeks to provide an overview of the proposed TOFA and uses that platform to examine in detail the likely application (or exclusion) of TOFA to transactions common to those involved in real property investment. The property industry engaged in extensive lobbying in recent years seeking to remove the majority of transactions entered into by its members from the TOFA regime. Consequently, this paper could in some respects be seen as an analysis of the success or otherwise of those efforts.

Author profile

Joshua Cardwell CTA
Photo of author, Joshua CARDWELL Josh Cardwell, Joshua Cardwell CTA, joined PwC in 2013 as the Head of Real Estate Tax. Prior to joining PwC, Josh was a Director and Head of M&A at Greenwoods & Freehills and was previously a Partner at Deloitte. Josh has over 23 years taxation experience with a focus on the real estate funds sector and has been involved in many iconic transactions across industries. His current practice is primarily focussed on inbound, outbound and domestic real estate clients, including providing advice related to fund establishments, distribution matters, stapled structures and other matters specific to listed and unlisted property groups. Josh is a long standing member of the Property Council of Australia's Income Tax Committee, holds a Master of Taxation from the University of Sydney, a Bachelor of Business from the University of Technology Sydney, is a Chartered Accountant, Tax Agent and a Chartered Tax Adviser. - Current at 12 February 2019
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