Session 17.2

Capital Management and M&A – What’s new?

Speakers: Joe Power, Allens, Jay Prasad, ATI, Allens

This session will explore some key tax issues associated with public and private M&A and capital management transactions, including:

• a brief look at the year that was – observations and anecdotes from the past year’s cases and ATO rulings
• how recent demerger transactions have been affected by the ATO’s now finalised views on ‘restructuring’, and
• franking a special dividend – some tips and traps.

Session 17.3

Case Update – Recent cases and rulings

Speaker: Keni Josifoski, New Chambers

This session will cover the following key income tax cases of the last 12 months including:

• Singtel
• Shell, and
• Clough

Session 17.4

So my client wants to go offshore – now what?

Speakers: Thomas Howker, BDO, Charl van Den Berg, BDO

Expanding a business outside of Australia’s borders is becoming increasingly common even for smaller businesses. This session will examine some key tax issues which may need resolving prior to operating in a new market, including:

• Residency
• Structuring overseas operations and repatriation of profits
• Registration requirements
• Treatment under Australian tax law including CFCs, and foreign hybrids, and
• Related party transactions issues, including transfer pricing and thin capitalisation.

Session 17.5

Digital Assets

Speakers: Julian Humphrey, CTA, KPMG, Luke Imbriano, FTI, KPMG Law

Levels of digital asset innovation, ownership, understanding and use have never been greater, but more than a decade since bitcoin was first invented, the digital asset roller coaster continues, leaving investors, traders, innovators, businesses and enthusiasts wondering: is this the digital revolution or a Dutch tulip? From a tax perspective, the significant rise and fall of digital asset prices has only brought to sharper focus a number of key tax considerations associated with owning and trading digital assets. In this session, Julian Humphrey and Luke Imbriano will explore these key tax considerations, including:

• An overview of the income tax outcomes arising out of digital asset ownership and trading, including cryptocurrency, Decentralised Finance (“DeFi”) assets, staking rewards and airdrops, and nonfungible tokens (“NFTs”);
• Common pitfalls to be aware of in a falling market, including loss or theft of digital assets, unfunded tax liabilities, verification of data and substantiating tax losses;
• The ATO’s evolving views on cryptocurrency and the issues that may arise; and
• The roadmap for the development of a digital asset tax framework in Australia

Session 18.2

Practical ways to obtain tax certainty

Speaker: Keith Swan, KPMG

Tax risk management and obtaining certainty over key tax risks is a priority for many organisations. Understanding all the options available as well as weighing up the pros and cons of the multiple avenues of engagement can be a complex task.

In this session we will discuss the various avenues to obtain certainty in key tax risk areas and outline the levels of comfort available under each option. This will also include a discussion of case studies to assist in the illustration of certainty in practice.

Session 18.3

Innovative Investment Entity Concessions and arrangements

Speaker: Bevan McLeod, BlueRock

The development of innovative businesses in Australia and avoiding the loss of talent to more attractive international opportunities is becoming a key issue for government and industry. Tax concessions provide incentives for taxpayers to invest in enterprises in their start up and early stages of development, and there has been an evolution in how businesses can source needed capital through crowd funding structures.

This session will consider those concessions and the related structures from the perspective of both the business and the private investor, and will address:

• Early-stage innovation companies (ESIC)
• Early-stage venture capital limited partnerships (ESVCLP)
• Venture capital limited partnerships (VCLP), and
• Crowd funding arrangements.

Session 18.4

Cross border interactions in the SME space

Speaker: Danielle Sherwin, CTA, RSM

As life, behaviours and enterprise become more globalised, there is an increasing number of cross border interactions within the SME sphere.

At times issues arise that may necessitate a restructure and review of all available roll-overs for cross border structures (eg where shareholders already have Australian and foreign entities). This session explores:

• How such restructures and reviews may impact access to concessions, and
• Other taxation issues that can create issues.

Session 18.5

Transforming your Tax Function – the key to tax technology

Speakers: Pete Sanders, EY, Caroline Wright, EY, Andy Hung, Wolters Kluwer

As tax functions become more and more stretched and the need to prioritise projects and resources becomes paramount, ‘work smarter not harder’ becomes the mantra of the tax function of the future. Technology has become the tax function’s new best friend and provides endless opportunities to rationalise and focus on the big picture and key deliverables.

In this session, we will hear about how technology can help shape the tax function of the future and how enhanced technology and data improvements can take the weight off the shoulders of tax managers.

Session 19.2

Economic Update

Speaker: Jeremy Thorpe, PwC

This session will provide an update on the domestic and international economic environment as we prepare for the Commonwealth Budget in the following week.

Session 19.3

Employee versus Contractor

Speakers: Angela Cartwright, Deloitte, Rhys Cormick, CTA, Deloitte

Two recent High Court decisions and several payroll tax cases have thrown the spotlight on the employee/ contractor conundrum. This session will cover:

• The new approach for determining whether a person is an employee or an independent contractor following the recent High Court decisions of ZG Operations Australia Pty Ltd v Jamsek and Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd
• Recent payroll tax cases and a new NSW revenue ruling affecting payments received by medical practitioners from medical centres
• Navigating the different employee/contractor tests (common law, payroll tax and superannuation), and
• Practical implications

Session 19.4

Foreign companies doing business in Australia

Speakers: Neil Periera, CTA, Deloitte, Estella Choi, Deloitte

Business in Australia can be fraught with legal and regulatory burdens. While several businesses intentionally establish themselves in Australia, some find themselves accidentally arriving here.

This session will focus on foreign businesses expanding into Australia (intentionally or accidentally) and consider the opportunities that can arise. Topics that will be covered include:

• When is a company considered to be ‘doing business in Australia’ (ASIC requirements and permanent establishment)?
• Structuring issues (subsidiaries v branches)
• Tax issues (income tax, transfer pricing, GST)
• Obligations surrounding local employees employed by foreign companies, and
• Short term projects. 
  

Session 19.5

The numbers don't lie - using data to tell the story on tax

Speakers: Elise Choy, Maven Data, Marek Rucinski, Australian Taxation Office

Like it or not, in today’s world there is no escaping data. Getting to know it, what it means to you as a tax professional, and how it can inform your decision making, and practice, is crucial. This interactive session will examine data in two parts, from a big picture view to a nuts and bolts, everyday practice discussion including:

• An analysis of big data, (ie the internet), using AI to provide a unique perspective on the ‘state of play’ of tax issues in Australia, through the lens of public sentiment. How is the profession perceived and does the data confirm whether tax policy, carbon tax or tax automation are the big issues we think they are ? and
• How the ever-increasing volume of data being collated by taxpayers and advisers and provided to the ATO, is being used post-lodgement. How can taxpayers use this data, which often requires so much time and effort to collect, to create value and efficiency?