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  • NSW 9th Annual Tax Forum

NSW 9th Annual Tax Forum

Published on 02 Jun 2016 | Took place at Sofitel Sydney Wentworth, Sydney , NSW

This event covered some of the following topics:

  • practical issues with trusts
  • Division 7A
  • superannuation: structure and uses in estate planning
  • Tax Practitioners Board: will you survive an investigation?
  • transfer pricing update
  • using data & analytics to support public group and international client compliance
  • consolidation updates: still grappling with these rules?
  • is tax reform dead? or alive and kicking?
  • transfer pricing and CBC reporting: a practical guide to documentation for large and small businesses
  • expat issues and complications
  • GST update.

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Individual sessions

Extracting value out of business acquisitions and avoiding unnecessary costs

Author(s):  Julian CHENG,  Michael Jeffreys

This paper covers:

  • significant recent and proposed changes affecting acquisitions
  • transaction costs.
Materials from this session:

Using data and analytics to support public group & international client compliance

Author(s):  Bruce COLLINS

This paper covers:

  • current environment
  • key data strategies
  • public groups & international client risks.
Materials from this session:

Mastering your employment taxes

Author(s):  Paul ELLIS,  Melissa Hohnen

This paper covers:

  • key points of current interest
  • technical update.
Materials from this session:

Capital management update

Author(s):  Tim KYLE

This paper covers:

  • returns on investment
  • returns of investment
  • capital returns
  • off-market buy-backs
  • demergers
  • in specie distributions.
Materials from this session:

Burden of proof in transfer pricing matters

Author(s):  Daniel McINERNEY

This paper covers:

  • overview of the Chevron case
  • the question for experts
  • establishing expertise
  • persuading the court
  • lay evidence.
Materials from this session:

Revenue v capital: Review of recent cases and what they mean for your business

Author(s):  Eddy MOUSSA

This paper covers:

  • introduction to the revenue capital distinction
  • the recent cases
  • practical lessons for business taxpayers
  • additional observations.
Materials from this session:

"Tax consolidation update - Still grappling with these rules?"

Author(s):  Wayne PLUMMER

This paper covers:

  • tax consolidation law in danger of stagnating
  • worth the wait?
  • so much still to do.
Materials from this session:

Update on state taxes: Changes and issues you need to be aware of

Author(s):  David Tucker,  Ankur Dhar

This paper covers:

  • duties
  • payroll tax
  • job action plan rebate
  • contractor exemptions.
Materials from this session:

Cross-border financing - The hidden cost of capital

Author(s):  Ka Sen WONG

This paper covers:

  • the anti-hybrid rules
  • diverted profits tax
  • the Chevron decision
  • dealing with uncertainty.
Materials from this session:

Transfer pricing update

Author(s):  Fiona CRAIG

This presentation covers:

  • Actions 8 to10 guidance:
    • what does it mean in practice?
  • Action 13 requirements:
    • how are taxpayers responding and revenue authorities preparing?
  • ATO priorities in administrating transfer pricing law and guidance.
Materials from this session:

Case update

Author(s):  Michael BENNETT

This paper covers:

  • trusts
  • superannuation
  • reimbursement agreements
  • Division 7A
  • small business concessions
  • employees & contractors
  • multiple roles within structure.
Materials from this session:

GST update

Author(s):  Matthew CRIDLAND

This paper covers:

  • Netflix tax
  • cross-border B2Bsupplies
  • low value imports
  • digital currency
  • cases update - SAMM Property Holdings Pty Ltd v Shaye Properties Pty Ltd.
Materials from this session:

Trends in tax transparency: The story so far

Author(s):  Craig Marston

This paper covers:

  • mandatory tax disclosure
  • tax transparency code
  • country-by-country reporting
  • common reporting standard
  • (other) global tax transparency trends.
Materials from this session:

Does land you own qualify for primary production exemption from land tax?

Author(s):  Andrew Rider

This paper covers:

  • what the law actually provides
  • how the OSR is currently seeking to apply the law
  • how the courts have drawn dividing lines
  • traps to be wary of, particularly where land is used by persons other than the owner
  • evolving from primary production to land development – when does the exemption cease?
  • ways to seek early certainty, OSR private rulings and OSR approval of exemption applications.
Materials from this session:

The new AMIT regime

Author(s):  Karen ROOKE

This paper covers:

  • overview of the reforms
  • eligibility to join the AMIT regime
  • transitioning to be an AMIT.
Materials from this session:

Is your tax planning at odds with your asset protection?

Author(s):  Geoff STEIN,  Amanda Comelli

This paper covers:

  • tax avoidance
  • discretionary trusts
  • bankruptcy
  • family provision and notional estate
  • hybrid trusts.
Materials from this session:

Does the ATO think your client is risky?

Author(s):  Adrian ABBOTT

This paper covers:

  • improving the tax and super experience
  • improving transparency by being upfront
  • understanding the risk differentiation framework
  • what attracts the ATO’s attention?
  • tax governance
  • tailoring engagement.
Materials from this session:

New employee share scheme rules: SME startups

Author(s):  Cameron BLACKWOOD

This paper covers:

  • ESS startup provisions
  • other ESS arrangements.
Materials from this session:

Tax Practitioners Board - Will you survive an investigation?

Author(s):  Elizabeth Burnheim

This paper covers:

  • fit and proper person test
  • The Code of Professional Conduct (“the Code”)
  • civil penalty provisions
  • practice management issues in compliance with the TASA.
Materials from this session:

Division 7A

Author(s):  Gordon S COOPER

This paper covers:

  • what to do about pre-December 1997 loans that are still on the balance sheet
  • when is a loan statute barred and what should you do about it?
  • when does Division 7A interact with trusts, UPEs and forgiveness?
  • what structuring opportunities are available to minimise the impact of Division 7A?
  • what does the post-implementation review of Division 7A mean for practitioners?
Materials from this session:

Family provisions claims – How to safeguard assets outside your will

Author(s):  Lisa ODDO

This paper covers:

  • family provision claims
  • notional estate orders
  • cases.
Materials from this session:

Practical issues with trusts: Important updates

Author(s):  Ken SCHURGOTT

This paper covers:

  • ordinary trust distributions
  • streaming of capital gain and franked distributions
  • capital gains and non-residents
  • small business restructure roll-over
  • Fischer v. Nemeske Pty Ltd
  • managed investment trust regime
  • ATO activity.
Materials from this session:

Property development and joint ventures

Author(s):  Andrew SOMMER

This paper covers:

  • structures in property development
  • partnerships
  • joint ventures
  • development agreements
  • company
  • unit trust.
Materials from this session:

Practical strategies with business succession

Author(s):  Greg TRAVERS

This paper covers:

  • family succession
  • private company employee share plan
  • class share arrangement
  • flowering share arrangements.
Materials from this session:

Big headaches or big opportunities? Current tax issues in business sales

Author(s):  Todd Want

This paper covers:

  • small business restructure roll-over
  • CGT on earnout rights
  • small business CGT concessions.
Materials from this session:

Practical strategies to acquire and transfer property to SMSFs

Author(s):  Liz WESTOVER

This paper covers:

  • important concepts to understand
  • direct acquisition of property
  • acquiring property through a related unit trust
  • acquiring property through a unrelated unit trust
  • funding property in an SMSF
  • property development in an SMSF
  • sale of property.
Materials from this session:

Superannuation - Structure & uses in estate planning

Author(s):  Colin LEWIS

This presentation covers:

  • who can receive a death benefit?
  • how are death benefits paid?
  • ensure effective succession of SMSF trustee
  • form of death benefit
  • taxation of death benefits
  • strategies to manage death benefits tax
  • impact of Federal Budget.
Materials from this session:

The Board of Taxation’s agenda for 2016

Author(s):  Karen PAYNE

This paper covers:

  • the Board’s composition and operation
  • the current state of play of Australia’s tax system
  • recent Board activities.
Materials from this session:

SMSF update

Author(s):  Chris Balalovski

This presentation covers:

  • legislative update
  • case law update
  • rulings update
  • ATO activities
  • Budget.
Materials from this session:

The keys to the kingdom – Ensuring the right property ends under the control of the right beneficiaries

Author(s):  Dung Lam,  Mark WEST,  Alex Whitney

This paper covers:

  • what is the kingdom?
  • creating a new kingdom - testamentary trusts
  • renovating the old kingdom - trusts
  • renovating the old kingdom - companies.
Materials from this session: