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The Australian taxation system: The 2017 great debate

Published on 01 Mar 18 by Australian Tax Research Foundation

The purpose of the papers in this book are to highlight some of the great difficulties associated with many of these complex tax arrangements, and to tease out where possible, solutions that might capture the minds of our politicians and encourage
them to think of more straightforward solutions to some of the taxation difficulties that we are currently experiencing.

In each chapter we focus on a different problem, such as residency for tax purposes, the imputation system, the GST system, the concepts of CGT event and related matters.

Author profiles

Prof Michael Walpole CTA
Prof Michael Walpole is Head of the School of Taxation and Business Law (including Atax) at UNSW Business School. Prior to academic life, Michael was variously a Tax Consultant with Ernst & Young, and was in private practice as a legal practitioner. Michael has authored and co-authored several books, including Proposals for the Reform of the Taxation of Goodwill, Understanding Taxation Law, and Compliance Cost Control. Michael has also written and presented many papers on his research topics to practitioner and academic audiences in Australia and overseas. He is the editor of the Australian Tax Forum and is an International Research Fellow at the Oxford University Centre for Business Tax in the Said Business School, University of Oxford. He has been a visiting Professor at the OECD’s Centre for Tax Policy and Administration and remains involved in its work on GST/VAT. - Current at 23 January 2018
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Prof Richard Vann CTA
Richard is Challis Professor of Law at the University of Sydney and has taught at Harvard and NYU Law Schools and the Universities of Amsterdam, London and Oxford. Richard has worked in the past at the IMF and OECD and held many Government consultancies in Australia and elsewhere. He has been a consultant for specialist tax firm Greenwoods & Herbert Smith Freehills since 1985. Richard specialises in corporate and international taxation on which he has published widely both in Australia and internationally. - Current at 11 July 2019
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Grant Wardell-Johnson CTA
Photo of author, Grant WARDELL-JOHNSON Grant is the Lead Tax Partner of the Economics and Tax Centre at KPMG. Grant has a background in providing tax advice relating to international and domestic tax structuring, international cross-border acquisitions and initial public offerings. Grant has been the lead Tax Partner on many high-profile projects in the Australian and international markets, including the Wesfarmers acquisition of Coles Limited, Macquarie Group consortia acquisitions of Boart Longyear Limited and Dyno Nobel Limited and their subsequent listing on the Australian Securities Exchange. Grant now leads the thought leadership on tax policy and consultation on new law, including KPMG’s response to base erosion and profit shifting (BEPS) and the OECD Action Plan. He is Co-Chair of the National Tax Liaison Group, an Adviser to the Board of Taxation, a member of the KPMG Global BEPS Steering Group and the KPMG Responsible Tax Group. - Current at 13 August 2018
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Jonathan Ortner
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Dr Brett Freudenberg CTA
Photo of author, Brett FREUDENBERG Brett Freudenberg is an Associate Professor – Taxation at Griffith University (Australia). Brett is known for his research expertise in the tax law and policy issues facing private enterprises, as evidenced by his Fulbright Scholarship (2006) and over 50 refereed publications in leading Australian and international journals. Associate Professor Freudenberg’s research has analysed whether Australia should introduce a tax flow-through company (S Corporation), the tax treatment of discretionary trusts and the motivation for choice of business structure. Associate Professor Freudenberg’s research has informed government policy as he was invited to present his PhD research findings to the Australian Treasury as part of the Henry Tax Review. Brett is passionate about education being a transformative process, and his effectiveness as a teacher has been recognised through five national awards (including the award of two Australian Learning and Teaching Council citations: 2008 & 2011). - Current at 29 May 2017
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Philip Broderick CTA
PhilBroderick, CTA, is a principal of Sladen Legal and heads its superannuation team. He is member of a number of superannuation related committees. This includes being the co-chair of The Tax Institute’s superannuation committee and the chair of SISFA’s technical committee. He is also a member of number of the ATO’s superannuation liaison groups including the Superannuation Industry Relationship Network (SIRN) and the Superannuation Industry Stewardship Group (SISG). Phil is also heavily involved in liaising with Treasury andATO in relation to the implementation of new super laws and administrative practices. Phil’s areas of practice include superannuation, estate planning and succession, duties and state taxes, trusts, federal tax and business structuring. He is regular author and presenter. His articles have featured in The Tax Institute’s Taxation in Australia Journal and CCH’s Super News. He has presented at seminars and conferences conducted by The Tax Institute, the Television Education Network, Legalwise and various accounting bodies. - Current at 16 April 2019
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Clinton Harding CTA
Clint is a partner at Arnold Bloch Leibler and leads the Sydney taxation practice. Clint advises across most taxes, with particular expertise in corporate and international tax, the taxation of financial instruments and transactions, and the management of tax audits and disputes with the ATO. Clint is the author of numerous tax articles, a regular presenter, and is currently a working member of The Tax Institute’s Large Business and International Committee. In 2018, Clint won The Tax Institute’s Corporate Tax Adviser of the Year Award and is the National Chair of the Law Council of Australia’s Taxation Committee. - Current at 26 June 2019
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Steven Economides CTA
Steven Economides, CTA, is the Lead Partner of KPMG’s Deals Advisory Tax Group and has been a Partner at KPMG since 1987. Steven has advised on a series of privatisations, including TransGrid, AusGrid, Loy Yang and the Sydney Harbour Tunnel, and more recent privatisations, including Port Botany and the Port of Newcastle. Steven also has had extensive experience in public–private partnership(PPP) transactions, from the early PPPs of Mount Gambier and Port Augusta to the most recent transactions. - Current at 05 May 2018
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Prof Robert Deutsch CTA
Robert is Senior Tax Counsel at The Tax Institute. Bob was until very recently the Deputy President of the Administrative Appeals Tribunal (AAT), and for over 20 years was a Professor in Taxation Law with the University of New South Wales. Bob specialises in taxation matters, with a special emphasis on international tax. His time with the AAT required extensive involvement in corporate law, social security and immigration matters. He also has experience as a solicitor with a major national law firm, as an independent barrister and as a director with a major accounting firm. He has written widely in his fields of specialisation as well as in the area of financial statements, and is an ongoing contributor to the highly successful Thomson Reuters Australian Tax Handbook. - Current at 29 May 2019
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Prof Graeme Cooper FTI
Photo of author, Graeme COOPER Graeme is Professor of Taxation Law at The University of Sydney and a consultant to Greenwoods & Herbert Smith Freehills. He is a former Chair of the New South Wales State Council of The Tax Institute and former member of the National Council. He has worked as a consultant to the ATO, Treasury, Board of Taxation, United Nations, OECD, World Bank, the International Monetary Fund and several foreign governments. He was admitted to legal practice in New South Wales and Victoria, and practised commercial law and tax in Sydney before entering teaching. He has taught in law schools in Australia, Europe and the United States, and holds degrees from the University of Sydney, University of Illinois and Columbia University, New York. - Current at 26 June 2019
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Kevin Davis
Kevin is a Professor of Finance, University of Melbourne, Research Director, Australian Centre for Financial Studies and Professor of Finance, Monash University.
1 July 2016
Ram Pandey
Ram is a Principal Lawyer, Review and Dispute Resolution, Australian Taxation Office.
Current at 1 April 2017
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Joanne Dunne CTA
Photo of author, Joanne DUNNE Joanne Dunne, CTA, is a Director at PwC, Melbourne. She was formerly a tax partner at law firms in both Australia and New Zealand. She has more than 20 years tax experience in general income tax, GST, international tax and tax controversy. Joanne is a member of a wide range of professional organisations, including The Tax Institute’s Tax Disputes Committee (of which she is co-chair), and she represents The Tax Institute on the ATO’s Dispute Resolution Working Group. - Current at 01 November 2018
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Prof Michael Dirkis CTA
Michael is Professor of Taxation Law at the University of Sydney. He has a PhD on Australian international taxation and is a noted researcher, having authored Is it Australia's? Residency and Source Analysed (2005, Australian Tax Research Foundation), as well as authoring and co-authoring over 590 publications and papers. From May 1999 until October 2009 he was, as Senior Tax Counsel for the Taxation Institute, in the forefront of the all major tax reform and taxation administration reforms. He continues his involvement as a member of the Treasury's Tax Treaties Advisory Panel and the Education Committee of the Tax Practitioners Board. He was awarded the Australasian Tax Teachers Association's Graham Hill medal in recognition of his "outstanding contribution to the teaching of taxation law and policy" on 21 January 2010. - Current at 29 October 2012
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Andrew Mills CTA-Life
Photo of author, Andrew MILLS Andrew Mills, CTA (Life), is the Second Commissioner, Law Design & Practice, from the Australian Taxation Office, has overall responsibility for the ATO’s law practice, including law interpretation, dispute prevention and resolution, and the ATO’s role in policy and law design. Andrew has more than 30 years experience in taxation, including periods in the ATO, commerce and the tax profession. Andrew was a Director at Greenwoods & Freehills for more than 20 years and managing director of the firm from 2006 to 2011. Andrew was President of The Tax Institute in 2006–2007 and is a former Governor of the Taxation Research Foundation. In practice, Andrew was an active participant and representative of a number of industry bodies. Andrew holds a Bachelor of Business, a Master of Laws and a Graduate Diploma in Tax Law. Andrew is a Chartered Taxation Adviser (Life), a member of the Australian Committee of the International Fiscal Association and a graduate of the Australian Institute of Company Directors. - Current at 02 November 2018
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Suzanne Mackenzie CTA
Photo of author, Suzanne MACKENZIE Suzanne is a founding Partner and Practice Leader at DMAW Lawyers in South Australia and has particular expertise in the financial services and superannuation industry, having specialised in all aspects of superannuation law since she began practising over 25 years ago. She is the principal adviser to many large APRA-regulated and public sector superannuation funds and her practice is also involved in working with accountants, advisers and high net worth individuals in the area of self-managed superannuation funds, particularly in complex areas. - Current at 04 January 2018
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Mark Molesworth CTA
Mark is a tax partner at BDO and a member of The Tax Institute’s Large Business & International Technical Subcommittee and the Queensland State Technical Committee. He is also a member of the expert advisory panel to the Board of Taxation and The Tax Institute’s representative on the ATO’s Private Groups Stewardship Group. Mark has many years of experience in advising taxpayers with respect to all areas of taxation, including CGT, FBT and income tax. He also provides taxation advice to other smaller accounting and legal practices in respect of their clients. - Current at 18 May 2018
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Bruce Quigley CTA
Bruce Quigley, CTA, has been Senior Adviser with The Tax Institute since April 2015. He assists in the preparation of submissions to the government, Treasury, Board of Tax, Tax Practitioners Board and the Australian Taxation Office (ATO) in relation to various tax and superannuation issues. Bruce has over 45 years’ experience in tax administration, compliance, interpretation, policy and law design, culminating in seven years serving as Second Commissioner of Taxation, the second most senior position in the ATO. Since retiring from the ATO in December 2013, Bruce has undertaken various policy, diagnostic and technical assistance missions in a number of countries as a Revenue Adviser for the Fiscal Affairs Department of the International Monetary Fund. - Current at 03 June 2019
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