SME (4 sessions)
- Since 1 July 2017, building superannuation benefits for retirement is even more challenging, with a number of areas to navigate when providing advice to our clients. This video identifies the issues, strategies and opportunities to contribute to superannuation, as well as provides practical considerations for our clients, with the aim to optimise their overall benefits by retirement.
- Superannuation is often one of the largest assets upon death, with recent cases in this area highlighting the importance of getting the planning right prior to death. This video considers:
implications of recent cases
the importance of valid binding death benefit nominations (BDBNs)
transfer balance cap strategies and solutions
dealing with properties and other “lumpy” assets when paying death benefits
the changing role of superannuation in estate planning.
- Your SME client is about to embark on its next stage of expansion and growth, with the ultimate goal of listing on the ASX.
Join us as we explore the intricacies of corporate restructures and “Top Hatting” including:
• Pros and cons of Top Hatting;
• Scrip for scrip rollover relief and market valuations;
• Asset protection and succession planning;
• Tax implications including the ATO’s perspective;
• Capital injection by investors and the role of investment advisers; and
• Tax Consolidated Groups.
- Not all trusts look the same, and many trusts do not fit the description of a “standard” discretionary trust or unit trust.
This video highlights non-routine trusts and bespoke trust powers. It considers customisation of trust deeds and powers, applicable trust law issues, and what pitfalls need to be avoided.
Corporate (4 sessions)
- A number of tax transparency initiatives have been implemented in Australia, and more have been proposed. This video outlined the recent tax transparency developments in Australia and place those initiatives in the context of transparency initiatives overseas.
- Mergers and Acquisitions always generate interesting tax issues. This video provided an overview of some key tax issues observed on recent deals and capital management transactions
- This session explores some of the practical tax consolidation issues arising in the M&A context.
- The tax reform measures in late 2017 fundamentally changed the US federal income tax regime, but left many questions as to the operation of the new measures and changes. There are now over 3,500 pages of regulations, with the majority of this in draft form. This video provided an update on the US tax reform measures and other recent US federal income tax developments and the implications for Australian corporate and institutional investors.
Hot Topics (4 sessions)
- This video provides an overview of the regimes applying in
the various jurisdictions, with a particular focus on discretionary
trusts and SMSFs.
- This video included:
a summary of the duties and sanctions that relate to tax obligations and how to ensure you are compliant
practical tips in the tax area, to ensure that directions actions do not fall foul of the various laws
what should be done when faced with a “too good to be true” plan.
- This video covers:
iIdentification of the potential claimants, actual claimants, and unknown or hidden claimants
the spectre of “notional estate”
the consequences of providing “financial assistance” at any time
the importance of DNA testing as an evidentiary matter
getting the full story from clients, not just the sanitised version.
- This video covered practical issues in minimising tax risk on holiday rental properties. Can your client provide evidence to respond to a day-by-day scrutiny of the electricity bill by the ATO? Is it acceptable that your client’s family accompanied your client when they visited to maintain the property? The ATO can be very sceptical and dig deep in a review or audit.
International & Technology (2 sessions each)
- For years governments have struggled to find the best way to tax the profits of globally-agile multinational businesses to ensure those businesses pay the appropriate amount of tax in every country where profits are generated. We are arguably still a long way from reaching a consensus view in this area. Meanwhile, countries including Australia have taken unilateral action to ensure they don’t lose out in the short-to-medium term. This video covers the difficulties arising in the current landscape of uncertainty; the likelihood of a broad consensus view being reached; and whether the spectre of wholesale change may ultimately lead to the end of the (tax) world as we know it…
- Australia has introduced the OECD hybrid mismatch rules to its domestic legislation, with many rules now in force.
Although aimed at aggressive structuring by multinational corporations, the rules have an extremely broad application and apply to ordinary commercial transactions of minor amounts involving all kinds of entities. This video focuses on the application of the rules by reference to a number of examples that taxpayers are likely to commonly encounter in practice.
- This video covered:
different forms of commonly encountered IP and intangibles, eg. copyright, trademarks, patents, goodwill and licences
tax treatment of those IP and intangibles eg. capital depreciating, R&D, black hole, deductible, GST, single or multiple assets etc
optimising business structures to consider IP asset protection, capital raising, R&D grants, ESIC concessions, taxing on the way IN and OUT and other relevant matters.
- We are seeing a number of technology-led initiatives aimed at restoring trust in increasingly digital and data-driven economies – digital identity, the consumer data right, regtech, blockchain, cryptocurrencies, smart contracts, AI. These emerging technologies and trends will create economic and commercial models to advise upon – but when will it all become real? With Facebook intending to launch its cryptocurrency and its financial services offering by mid-2020, over the next 12 months we expect to see strong regulatory headwinds and focussed attention on the legal and tax policy frameworks needed to encourage the experimentation and adoption of emerging technologies.
Emerging Leaders (2 sessions) - AS
- This video considers Burton v Federal Commissioner of Taxation  FCAFC 141 - specifically the interaction as between Division 770 of the ITAA and the US-Australia Double Taxation Agreement.
In considering the implications of the Burton case and whether the conclusion was consistent with the intention of Australian taxation law, this video provided a refresher on the operation of the Foreign Income Tax Offset regime as well as further understanding of the policy rationale behind the insertion of the double taxation relief article in Double Taxation Agreements.
- This video provides an overview of the imputation regime. It explains the circumstances in which a company can make a franked distribution, how shareholders are subject to tax on those distributions and the anti-avoidance rules and protections contained in the tax law which prevent the manipulation of the imputation regime. It also considers how changes to the company tax rate might impact a company's ability to frank distributions.
Professional Practice (2 sessions) - AS
- This video examines what the case law says about when professional practice income can be alienated to entities other than the individual professional in light of current rules of practice and ethical guidelines. Issues that were considered include:
the case law, from Peate through Galland to Gulland, Watson and Pincus and beyond
what are the key features to look out for?
does size matter and from what perspectives?
how does Part IVA affect alienation of professional practice income?
- There are many varied approaches to structuring professional practices and these have arisen due to many influences. This video considers those influences and how they should apply in current circumstances.