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NSW 8th Annual Tax Forum

Published on 21 May 2015 | Took place at Sofitel Sydney Wentworth, Sydeny, NSW

Some of the topics covered at the NSW 8th Annual Tax Forum were:

  • current issues with trusts - the important things you should know
  • Division 7A - putting your hands in the till without getting your fingers burnt
  • now you see them, now you don’t - borrowings in SMSFs
  • simplification of a corporate group
  • reconstruction in tax - the Chevron case and TR 2014/6
  • group tax manager panel - how do you manage tax risks in a more transparent world?
  • the “not-so-new” Part IVA - an ATO perspective
  • the SME guide to resolving ATO disputes
  • ADR in a tax context from a mediator’s perspective

Get a 20% discount when you buy all the items from this event.

Individual sessions

Division 7A: Putting your hands in the till without getting your fingers burnt

Author(s):  Greg TRAVERS

This paper covers:

  • distributable surplus
  • private use of assets owned by companies
  • trust distributions and Division 7A
  • interposed entity provisions.
Materials from this session:

Transfer pricing – ATO perspectives

Author(s):  Michael JENKINS

This paper covers:

  • the previous provisions
  • 815-A and 815-B
  • issues in administration.
Materials from this session:

Are you facing an unlimited amendment period due to fraud or evasion - Where does the law stand?

Author(s):  Mathew Leighton-Daly

This paper covers:

  • current state of the law
  • how has the ATO applied the fraud or evasion provisions in the last few years?
  • how to deal with your client, and the ATO, when allegations of fraud or evasion arise.
Materials from this session:

Superannuation and estate planning - SMSF focus

Author(s):  Lisa ODDO

This paper covers:

  • control
  • taxation of death benefits
  • binding death benefit nominations
  • insurance in SMSFs.
Materials from this session:

Payroll tax: What is the NSW OSR really looking for?

Author(s):  Mark PAYNE

This paper covers:

  • what is the OSR looking for?
  • taxable wages
  • contractor provisions
  • payroll tax grouping
  • director penalty notice.
Materials from this session:

Tax and family law matters

Author(s):  Suzanne Delbridge

This paper covers:

  • brief review of case law
  • capital gains tax (CGT) consequences of a property settlement
  • income tax consequences of private company payments and asset transfers - “deemed dividends”
  • goods and services tax (GST) consequences on asset transfers
  • stamp duty consequences on asset transfer.
Materials from this session:


Author(s):  Gordon S COOPER

This paper covers:

  • concept of ethics
  • ethics and tax evasion
  • ethics and tax avoidance
  • ethics and tax planning.
Materials from this session:

Property development - Key GST and stamp duties issues to consider

Author(s):  Andre SPNOVIC

This paper covers:

  • undertaking a development without actually purchasing a site
  • purchasing a site for development
  • the importance of intention
  • the intention to develop and resell
  • the intention to develop and hold
  • partitioning of land - stamp duty
  • partitioning of land - GST.
Materials from this session:

Proving residency - Harder than you think?

Author(s):  Zubair BANGASH

This paper covers:

  • part A - background and historical context of residency
  • part B - individuals
  • part C - non individual
  • attribution and residency
  • 50% CGT discount - abolition for non-residents.
Materials from this session:

Navigating the ATO view

Author(s):  Tim Dyce

This presentation covers:

  • why & some tips
  • navigating the ATO view where taxpayer initiates contact with the ATO (e.g. taxpayer requests for ATO advice)
  • industry forums
  • some other initiatives.
Materials from this session:

Trusts and asset protection: Myth or fact?

Author(s):  Nick GANGEMI

This paper covers:

  • trust basics
  • relationship breakdown
  • inheritance claims
  • bankruptcy and tax debts.
Materials from this session:

BEPS - Practical perspectives

Author(s):  Peter Poulos

This paper covers:

  • the September 2014 milestones
  • post September 2014 developments
  • changes as they impact Australian corporates and multi-nationals
  • ATO activities
  • the emerging role of tax transparency and exchange of information measures
  • conclusions and practical perspectives in brief.
Materials from this session:

Now you see them, now you don’t - Borrowings in SMSFs

Author(s):  Graeme COLLEY

This paper covers:

  • LRBAs as a difficult history
  • changes in the interpretation of the LRBA rules
  • limited recourse borrowing arrangements and nil interest loans
  • Tax and Superannuation Laws Amendment (2015 Measures No. 2) Bill 2015
  • duties in NSW and other states
  • leaving the asset in the hands of the holding trustee.
Materials from this session:

SME’s in financial trouble - What tax issues can this really trigger?

Author(s):  Alastair McLean

This paper covers:

  • losses issues for companies in financial trouble
  • companies managing debt when in financial trouble
  • companies terminating or forgiving debts when in financial trouble
  • companies realising assets when in financial trouble
  • distributions by companies in financial trouble
  • managing income tax payments and liabilities when in financial distress.
Materials from this session:

Employment taxes update for corporates

Author(s):  Kylie Rusten

This paper covers:

  • fringe benefits tax (FBT) update
  • superannuation
  • payroll tax.
Materials from this session:

ADR in a tax context from a mediator’s perspective

Author(s):  K. E. LINDGREN

This paper covers:

  • forms of ADR that may be of interest in the tax context
  • some features of mediation in general.
Materials from this session:

Estate planning and the use of testamentary trusts

Author(s):  Andrew FRANKLAND

This paper covers:

  • statutory framework of Division 6AA of the 1936 Tax Act
  • discretionary trusts and their relationship to testamentary trusts in estate planning 
  • some foreign jurisdiction issues
  • asset protection planning with trusts.
Materials from this session:

GST update

Author(s):  Heydon MILLER

This paper covers:

  • MBI properties
  • Rio Tinto services
  • AAT decisions
  • refunds
  • Division 142
  • determinations and rulings.
Materials from this session:

Cutting edge estate planning techniques

Author(s):  Adrian ABBOTT,  Kevin J MUNRO

This paper covers:

  • estate planning concepts
  • the family constitution
  • overall strategies for preparing a family constitution
  • case studies of establishing a family constitution.
Materials from this session: