Our firm provides advice regarding various Australian taxes, including in the context of:
- proactive advice before and during transactions and arrangements are entered into
- dealing with reviews or disputes instigated by the Australian Taxation Office (ATO) or State revenue authorities
To learn more about key areas of our practice, the taxes we cover and the typical types of issues we deal with for different parts of our client base then please explore the links below.
Tax Practice Areas
To understand more about the common contexts in which we provide tax advice to clients and their advisors, please explore the links below:
Tax advisory services
We provide advisory services to clients regarding a broad range of arrangements, transactions and restructures, including advice on income tax, CGT, GST, payroll tax, land tax and stamp duty.
Our experience includes:
- Advising retirement village and aged care operators on the tax implications of sales of villages
- Advising private wealth families seeking to migrate wealth into Australia
- Advising property developers or investors on the income tax, CGT, GST and stamp duty treatment regarding the development and/or the disposal of high value property assets
- Providing corporate tax advisory services to private wealth families and corporate groups regarding key mergers and acquisitions and/or key transactions
- Advising receivers and administrators on the tax elements (including GST and withholding) of the disposal or management of assets, including managing interactions with revenue authorities
- Advising non-profit organisations and charities on exemptions and concessions for income tax, GST, land tax and payroll tax
- Advising small to medium enterprises on CGT concessions available to business owners on the disposal of assets, including on the exit from their business
- Advising accountants and lawyers on complex GST issues arising out of significant property or business transactions
- Advising accountants and lawyers on complex income tax and CGT issues arising out of administering large estates
Our focus is on providing advice on complex matters that do not arise out of day to day operations – in this way we provide technical support to our clients either directly or indirectly through their advisers.
Corporate tax advisory services
Corporate groups are subject to unique tax rules, which need to be understood to ensure tax implications are identified and effectively managed.
Our experience includes:
- Advising private and public corporate groups on the tax structuring and effects of mergers and acquisitions, from either the seller’s or buyer’s perspective
- Advising private and public corporate groups on restructure and corporate transactions such as capital returns, raisings, initial public offerings and buy backs
- Advising corporate groups regarding their exposure to payroll tax, including grouping implications
- Advising on international and cross border transactions and structures, including financing arrangements and restructures
- Seeking clearance from the ATO including by way of early engagement and class ruling applications
We provide corporate tax advisory services and specialist support not only to corporate groups, but also to:
- private wealth families with interests in corporate groups
- to other accountants and lawyers in servicing the needs of their clients
Tax audits and reviews
It can be confronting when either the ATO or an OSR contacts a taxpayer to query and understand if the correct amount of tax has been paid.
Whilst most prompts can quickly be resolved, in some instances reviews will involve various information requests, which can take significant time to review and collate information to properly respond.
We can assist in managing the review and audit process, by ensuring potential issues at hand are appropriately identified and dealt with.
As specialist tax advisors we can work in conjunction to a taxpayer’s usual accountant or lawyer to independently review whether the tax law has been properly understood and complied with.
We are familiar with current ATO and OSR review and audit focus areas including:
- ATO income tax review and audits including high wealth audits, resident/non-resident income tax audits, incoming money transfer audits and cash economy audits
- ATO CGT and GST audits, including those involving precious metals and property
- Land tax audits – including those focused on absentees, main residence and primary production exemptions
- Payroll tax audits – including those focused on grouping, employment agents and industries with high levels of payments to contractors
By engaging us at an early stage of the review or audit process, we can often add significant value – particularly where it is clear that the law has not been properly understood and voluntary disclosure is appropriate. This has the effect of reducing penalties from often 75% of any shortfall to either nil or significantly less rates, which has a flow on effect of reducing interest otherwise imposed on outstanding liabilities which is at higher than commercial rates.
Often by engaging our services at an audit or review stage we are able to narrow the number of issues that need to be dealt with at an objection or appeals stage.
We assist and advise on audits and reviews in the context of private wealth families and families with overseas connections, property developers and investors, retirement villages, corporate groups, small to medium enterprises, non-profit organisations and charities and providing specialist support to other accountants and lawyers in servicing the needs of their clients.
Tax objections
Once the ATO or OSR issue assessments, a taxpayer has the right to object to an assessment of tax and penalties. There are time limits within which objections to assessments must be lodged.
At both a Federal and State level, objections are dealt with by teams independent of the audit teams that have issued the assessments in dispute. For matters and issues we are unable to resolve at an audit or review stage, we are experienced in ascertaining time limits and drafting objections in the context of:
- Income tax, CGT and GST at a Federal level, and
- Land tax, payroll tax and stamp duty at a State and Territory level
In some instances, to assist in resolving issues at an objections and appeals stage, it is beneficial for us to lodge freedom of information applications on behalf of taxpayers to more fully understand the actions of audit team officers during the course of the reviews or audits that have resulted in assessments issuing.
We have experience in managing the objection process in the context of private wealth families and families with overseas connections, property developers and investors, retirement villages, corporate groups, small to medium enterprises, non-profit organisations and charities and managing this process to assist other accountants and lawyers in servicing the needs of their clients.
Tax appeals
Our aim is to resolve issues before they reach an appeal stage, as ideally this avoids the need for clients to prepare and fund litigation in appealing objection decisions to the court or tribunal system. However in more difficult matters we have lodged appeals on behalf of clients as required – but on occasion settling matters before formal proceedings commence when it is in our client’s interest.
At a Federal level, objection decisions can be appealed to either the Federal Court or the Administrative Appeals Tribunal. Objection decisions at a State level can be appealed to either the relevant State Supreme Court or in most instances to a State Tribunal, such as the Queensland Civil and Administrative Tribunal (QCAT).
There are advantages and disadvantages associated with appealing to a Court or Tribunal and we have experience in advising clients as to the most appropriate forum for the issues that might remain in dispute after objection decisions issue.
Depending on in which forum the initial appeal is lodged, matters can be further appealed either to a full court of appeal or in some instances to the High Court.
We have acted in appeals in the context of income tax, CGT and payroll tax on behalf of private wealth families, property developers and investors, retirement villages, corporate groups, small to medium enterprises, non-profit organisations and charities and managing this process to assist other accountants and lawyers in servicing the needs of their clients.
Penalty submissions
On the finalisation of audits and reviews, the revenue authorities will usually issue amended assessments of primary tax. If shortfalls have been identified, then usually penalty assessments will also issue.
Penalties at both a State and Federal level are usually calculated as a percentage of any shortfall.
At a State level, percentages can be up to 75% of any primary tax shortfall, unless the Commissioner exercises a discretion to remit the penalties to a lesser percentage.
At a Federal level, penalties are imposed at a base rate by reference to the taxpayer’s behaviour, ranging from 25% for lack of reasonable care to 75% for intentional disregard of the law. In certain circumstances penalties will be nil if certain exceptions to the law are satisfied.
We have experience in making submissions on behalf of taxpayers to ensure penalties are imposed at the correct rate having regard to their circumstances, including identifying whether nil penalties should apply in the circumstances.
Our experience in making penalty submissions includes in the context of income tax, CGT, GST, payroll tax and land tax on behalf of private wealth families, families with overseas connections, property developers and investors, retirement villages, corporate groups, small to medium enterprises, non-profit organisations and charities and managing this process to assist other accountants and lawyers in servicing the needs of their clients.
Payment arrangements
Once assessments have issued the ATO and State revenue authorities are entitled to pursue debt recovery action, including by instigating court proceedings, given assessments are sufficient evidence that a debt exists.
Even if a taxpayer intends to dispute assessments it is crucial that disputed debts are either paid or that payment arrangements are entered into, so that the relevant revenue authority does not take steps to collect the debt, including by way of instigating debt recovery action in the Court system.
Payment arrangements can be granted over 12 months, two years or in some instances longer periods depending on the circumstances. Often monthly instalment arrangements are entered into, but payment arrangements can also involve real property offered as security.
We are experienced in negotiating payment arrangements in the context of income tax, CGT, GST, payroll tax and land tax on behalf of private wealth families, property developers and investors, retirement villages, corporate groups, small to medium enterprises, non-profit organisations and charities and managing this process to assist other accountants and lawyers in servicing the needs of their clients.
Debt management matters
In some instances, clients are referred to us because for whatever reason payment arrangements have not been negotiated and the revenue authority has taken stronger action such as issuing garnishee orders, director penalty notices or instigating court action to recover debts owing under assessments of tax, penalties and interest.
The ATO and State revenue authorities have the power to issue garnishee orders to parties who may owe money to taxpayers. If this happens the third party is compelled to pay any money owing to the taxpayer directly to the revenue authority, which is then applied to reduce the debt otherwise owing. In certain circumstances, the effect of garnishees can effectively freeze an individual’s or entity’s assets – particularly if they are issued to financial institutions with which main trading accounts are held.
In some matters we have had success in lifting garnishees by evidencing that the circumstances of the taxpayer do not justify such actions.
The ATO has the power to issue director penalty notices (DPN) to directors of corporate taxpayers, the effect of which is to make directors personally liable for unpaid superannuation and pay as you go (PAYG) debts of the corporate taxpayer. The DPN regime will soon be extended to unpaid GST liabilities of corporate taxpayers. We have experience in responding to DPNs on behalf of directors, including to ensure appropriate payment arrangements are in place so that the DPNs are not enforced by the Commissioner to instigate debt recovery proceedings in the court system against directors in their personal capacities.
The ATO also has the power to issue departure prohibition orders (DPOs), which prohibits taxpayers from departing Australia for overseas locations if the ATO thinks that by doing so tax liabilities will not be paid. We have had experience in negotiating suitable payment arrangements with the ATO so that DPOs are lifted to enable taxpayers to travel overseas.
If the ATO or State revenue authority has already instigated debt recovery action in the Court system then this can be difficult to stop. We can however advise clients of their options and refer them to other specialists as appropriate.
Our experience in handling debt management matters includes those related to income tax, CGT, GST, payroll tax and land tax on behalf of private wealth families, property developers and investors, retirement villages, corporate groups, small to medium enterprises, non-profit organisations and charities and managing these matters to assist other accountants and lawyers in servicing the needs of their clients.
Interest remission requests
When assessments for tax and penalties issue, the ATO and State revenue authorities are compelled to charge interest, usually from the date the debt would otherwise have fallen due up until the date the assessment issued. Interest charges continue to accrue until the debt is repaid, including where payment arrangements are on foot.
To ensure revenue authorities are not treated as a lender of last resort the rates at which interest is charged is substantially higher than commercial rates of interest. For instance the general interest charge (GIC) rate imposed by the ATO based on the 90 day Bank Accepted Bill rate (published by the Reserve Bank) plus an uplift factor of 7%. Similarly, the Queensland OSR imposes unpaid tax interest (UTI) based on the 90 day Bank Accepted Bill rate plus an uplift factor of 8%.
GIC, UTI and other interest rates imposed by the revenue authorities are calculated on a daily compounding basis, so interest charges can form a significant part of any tax debt owing to either the ATO or a State or Territory revenue authority.
Depending on a taxpayer’s circumstances, in some instances the revenue authorities will consider remitting interest charges otherwise payable although it is up to the taxpayer to evidence why remission is appropriate.
We have experience in making interest remission submissions in appropriate circumstances, including in the context of income tax, CGT, GST, payroll tax and land tax on behalf of private wealth families, property developers and investors, retirement villages, corporate groups, small to medium enterprises, non-profit organisations and charities and managing this process to assist other accountants and lawyers in servicing the needs of their clients.
Private rulings
For particularly complex areas of income tax, CGT, GST and stamp duty we can request private rulings on behalf of taxpayers. These are binding on the revenue authority and provide certainty to taxpayers, particularly for key transactions or key categories of supplies.
We have experience in successfully requesting private rulings in a variety of contexts, including:
- Confirming the GST-free status of supplies by non-profit and charitable organisations
- Confirming the GST-free status of supplies by suppliers operating in the health, retirement village and aged care sector
- Confirming the availability of primary production losses to offset non-farm income
- Confirming the disposal of businesses premises was subject to the small business CGT concessions
- Seeking certainty from the ATO that proceeds on the sale of vacant land would be a capital gain and not ordinary income
We have acted sought private rulings in the context of income tax, CGT and GST on behalf of private wealth families, property developers and investors, retirement villages,corporate groups, small to medium enterprises, non-profit organisations and charities and managing this process to assist other accountants and lawyers in servicing the needs of their clients.
We have also acted in tax objections and tax appeals that have arisen out of disputed private rulings.
Private ancillary foundations
Several of our clients are committed to giving back to the wider community and we can assist in this process by establishing private ancillary foundations.
Private ancillary foundations are eligible for income tax and GST exemptions and are a way that families can establish a tax effective structure for on-going support of non-profit and charitable organisations in the wider community.
One of the benefits of a private ancillary foundation is centralising the way in which a family gives to the broader community, in a way that encourages others in the community to support the non-profit and charitable causes supported by the foundation.
Private ancillary foundations are also often used as a mechanism to encourage a spirit of giving in younger generations of families by getting successive generations involved in decision making regarding which non-profit and charitable causes a family wishes to support.
We assist private wealth families and their accountants and lawyers in establishing private ancillary foundations and applying for the appropriate registrations and endorsements by the Australian Charities and Not-for-profits Commission (ACNC) and the ATO. We can provide ongoing assistance to families to ensure they comply with the relevant rules and regulations to ensure their foundations remain compliant so that eligible tax exemptions remain on foot.
Withholding obligations
To ensure the efficient collection of taxes, the ATO has the ability to impose withholding obligations on entities and individuals other than the relevant taxpayer.
A traditional example of a withholding obligation is the obligation imposed on employers to withhold the anticipated income tax on wages paid to employees.
More recently the ATO has imposed withholding obligations regarding likely capital gains tax of non-resident landowners. Foreign resident capital gains tax withholding (FRCGTW) applies to vendors disposing of certain taxable property under contracts entered into from 1 July 2016. The FRCGTW regime now applies at a rate of 12.5% to disposals of real property where the contract price is $750,000 or more. We can provide assistance in drafting appropriate clauses for contracts, determining whether the FRCGTW regime is likely to apply to transactions and assisting in ensuring obligations are complied with.
Commencing from 1 July 2018 there is also a GST withholding obligation imposed on recipients of new residential premises or potential residential land. The amount of withholding is varies depending on whether the supply is subject to the margin scheme or a full taxable supply.
We can provide advice and assistance regarding these withholding obligations to other accountants and lawyers in servicing the needs of their clients, as well as directly to private wealth families, property developers and investors, retirement villages, corporate groups, small to medium enterprises, non-profit organisations and charities to ensure their obligations are satisfied.
Taxation of deceased estates
As executors are personally liable for the debts of an estate, it is critical that they fully understand the tax issues affecting their administration of the estate.
This is often a challenging issue as deceased estates face a number of unique tax issues including those relating to life estates, testamentary trusts, and unexpected liabilities from often overlooked provisions in the CGT rules.
We can provide advice to executors and their advisors to ensure that they understand and meet their obligations under the tax law for deceased estates.
We have provided advice on the taxation of deceased estates on behalf of private wealth families and managing this process to assist other accountants and lawyers in servicing the needs of their clients.
Tax Type
To understand more about the types of taxes we provide advice on, please explore the links below:
Income tax
Income tax is a Federal tax imposed on individuals, companies and trusts. It is payable by individuals, businesses and passive investment vehicles.
We assist individuals and organisations in setting up appropriate structures for their investment and business activities to ensure these structures are tax effective – to ensure the fair amount of income tax is paid.
We can provide tax advisory services and corporate tax advisory services including:
- Resident and non-resident obligations, including in the context of responding to Australian Tax Office reviews and audits
- Income tax exemptions for non-profit organisations and charities
We also assist taxpayers in the context of:
- ATO reviews and audits for instance in the context of high wealth audits or cash economy audits
- ATO objections and appeals where the ATO has proceeded with issuing assessments of income tax with which the taxpayer disagrees
- Reducing ATO penalties, which are assessed up to 75% of any primary tax shortfalls by reference to the taxpayer’s perceived behaviour
- ATO payment arrangements and debt management matters, particularly where there is disputed debt or there are particular cash-flow issues impacting a taxpayer’s ability to pay their income tax obligations
- ATO interest remissions requests, given interest charged on tax debts is imposed at higher than commercial rates and can form a significant portion of any liability owing
- ATO private rulings for instance in seeking confirmation from the ATO regarding the application of the non-commercial loss provisions
- The taxation of deceased estates
We advise on income tax in the context of private wealth families, families with overseas connections, property developers and investors, retirement villages, corporate groups, small to medium enterprises, non-profit organisations and charities and providing specialist support to other accountants and lawyers in servicing the needs of their clients.
Capital gains tax
Capital gains tax (CGT) is a Federal tax that imposes tax on any gains made on the sale of long-term (capital) assets. There are various exemptions and concessions available for small business taxpayers.
We can assist individuals and businesses to ensure acquisitions of assets are effective for CGT purposes and whether they will be eligible for any of the concessions and exemptions available.
When taxpayers are considering realising significant gains, for instance on the sale of land or a business, we can provide advice on access to these exemptions and concessions to minimise the amount of tax payable on any gain. Often such reviews are taken in conjunction with existing tax advisors such as a taxpayer’s usual accountant.
We can assist taxpayers in the context of:
- Tax advisory services and corporate tax advisory services regarding the application of the law to the taxpayer’s circumstances, including in the context of whether exemptions or concessions are likely to be available and in the context of foreign resident capital gains withholding (FRCGW) obligations
- ATO reviews where after a gain has been realised (for instance on the sale of a business or real property) the ATO makes enquiries as to whether the correct amount of tax has been declared and paid
- ATO objections and appeals where the ATO has proceeded with issuing assessments of tax with which the taxpayer disagrees
- Reducing ATO penalties, which are assessed up to 75% of any primary tax shortfalls by reference to the taxpayer’s perceived behaviour
- ATO payment arrangements and debt management matters, particularly where there is disputed debt or there are particular cash-flow issues impacting a taxpayer’s ability to pay their CGT obligations
- ATO interest remissions requests, given interest charged on tax debts is imposed at higher than commercial rates and can form a significant portion of any liability owing
- ATO private rulings for instance in seeking confirmation from the ATO regarding the availability of certain small business CGT exemptions or concessions
- The taxation of deceased estates
We advise on CGT in the context of private wealth families, families with overseas connections, property developers and investors, retirement villages, corporate groups, small to medium enterprises, non-profit organisations and charities and providing specialist support to other accountants and lawyers in servicing the needs of their clients.
GST
Goods and services tax (GST) is a tax imposed by the Federal government on consumption. All supplies are taxable, except to the extent they are GST-free or input taxed – with the intention that whilst suppliers are liable for GST, it is a tax intended to be borne by the final consumer.
GST can be particularly complex when it applies to supplies of real property, particularly by property developers, as depending on the circumstances the supplies might be taxable, input taxed or GST-free.
We provide GST advice to taxpayers directly to assist in determining the correct GST treatment of supplies they make, including whether supplies are:
- GST-free – for instance in the context of aged care services, the supply of going concerns or the supply of farmland, or
- input taxed – for instance in the context of retirement villages and existing residential premises
We also provide tax advisory services and assistance to other lawyers and their clients in GST negotiations and to ensure GST clauses in legal documents are correctly drafted to capture the various supplies being made under the arrangements and to ensure the appropriate GST treatment is identified. This is often in the context of contracts for supplies of properties and businesses. Our assistance and advice can also be in the context of settlement deeds to settle litigious matters.
We can assist taxpayers (including by way of working with their usual accountant or lawyer) in the context of:
- GST withholding obligations on recipients of new residential land
- ATO reviews and audits in the context of GST audits – including in the precious metals industry and property industry and regarding the retention of GST refunds
- ATO objections and appeals where the ATO has proceeded with issuing assessments of income tax with which the taxpayer disagrees
- Reducing ATO penalties, which are assessed up to 75% of any primary tax shortfalls by reference to the taxpayer’s perceived behaviour
- ATO payment arrangements and debt management matters, particularly where there is disputed debt or there are particular cash-flow issues impacting a taxpayer’s ability to pay their GST obligations
- ATO interest remissions requests, given interest charged on tax debts is imposed at higher than commercial rates and can form a significant portion of any liability owing
- ATO private rulings for instance in seeking confirmation from the ATO it agrees that certain categories of supplies are GST
We advise on GST in the context of private wealth families, families with overseas connections, property developers and investors, retirement villages, corporate groups, small to medium enterprises, non-profit organisations and charities and providing specialist support to other accountants and lawyers in servicing the needs of their clients.
Payroll Tax
Payroll tax is a State tax payable by businesses on payments made to workers.
Despite being the largest source of revenue in most States and Territories, payroll tax is often misunderstood by businesses and their advisors.
There are complex grouping rules, the effect of which means only a single tax-free threshold applies and all group members are jointly and severally liable to any unpaid liabilities. Grouping is often triggered in structures where there are discretionary trusts (even if these are passive investment vehicles) or where workers such as book-keepers supply services to more than one organisation within a family group.
The tax applies to all payments to workers, both employees and contractors – unless certain exemptions apply – so shortfalls can be significant if correct advice is not obtained.
We provide tax advisory services and assistance to taxpayers (including by working with their usual accountant or lawyer) regarding:
- The application of the grouping provisions to identify the extent to which tax-free thresholds are available
- The application of the contractor and employment agent provisions, including reviewing arrangements with workers and clients, to determine the extent of taxable wages
- The availability of payroll tax exemptions, including to non-profit organisations, charities and local government organisations
- The application for refunds of overpaid payroll tax, including in circumstances where non-profit organisations and charities have not claimed available exemptions for prior years
We can assist taxpayers (including by way of working with their usual accountant or lawyer) in the context of:
- Independent advice regarding the application of the law to the taxpayer’s circumstances, including in the context of whether exemptions or concessions should be available in both prior and future years
- OSR reviews and audits including in the context of grouping, contractor and employment agent reviews
- OSR objections and appeals where the OSR has proceeded with issuing payroll tax assessments with which the taxpayer disagrees
- Reducing OSR penalties, which can be assessed at a default rate of 75% of any primary tax shortfalls, unless the Commissioner remits penalties to a lesser percentage
- OSR payment arrangements, particularly where there is disputed debt or there are particular cash-flow issues impacting a taxpayer’s ability to pay their payroll tax obligations
- OSR interest remissions requests, given interest charged on tax debts is imposed at higher than commercial rates and can form a significant portion of any liability owing
We advise on payroll tax in the context of retirement villages, corporate groups, small to medium enterprises, non-profit organisations and charities and providing specialist support to other accountants and lawyers in servicing the needs of their clients.
Land Tax
Land tax is a State based tax payable by all landowners on the total unimproved value of all land held at 30 June each year or 31 December each year, depending on in which State or Territory the land is located.
Land tax can often be overlooked by taxpayers and their advisors, with a focus instead on income tax and CGT obligations.
Whilst assessed land tax amounts might be smaller, it is an annual tax and increasingly the State revenue authorities are using data-matching techniques to identify land tax shortfalls. Data-matching is easy to undertake given it is the responsibility of each State and Territory to maintain land ownership records.
We provide tax advisory services and assistance to taxpayers (including by working with their usual accountant or lawyer) regarding:
- Structuring proposed acquisitions to ensure land tax implications are properly understood prior to land being acquired
- Accessing a variety of exemptions and concessions available to property developers and landowners, including in the context of land used for primary production, non-profit or charitable purposes, retirement villages and aged care facilities, moveable dwelling parks and main residences
- The application for refunds of overpaid land tax, including in circumstances where non-profit organisations and charities have not claimed available exemptions for prior years
We can assist taxpayers (including by way of working with their usual accountant or lawyer) in the context of:
- Independent advice regarding the application of the law to the taxpayer’s circumstances, including in the context of whether exemptions or concessions should be available in both prior and future years
- OSR reviews and audits including in the context of responding to OSR prompt letters and considering the availability of concessions and exemptions in a taxpayer’s circumstances
- OSR objections and appeals where the OSR has proceeded with issuing land tax assessments with which the taxpayer disagrees
- OSR payment arrangements, particularly where there are particular cash-flow issues impacting a taxpayer’s ability to pay their land tax obligations
- OSR interest remissions requests, given interest charged on tax debts is imposed at higher than commercial rates and can form a significant portion of any liability owing
We advise on land tax in the context of private wealth families and families with overseas connections including accessing main residence exemptions, property developers and investors, retirement villages, corporate groups, small to medium enterprises, non-profit organisations and charities and providing specialist support to other accountants and lawyers in servicing the needs of their clients.
Stamp duty
A State based tax, the duty law is different in each jurisdiction but generally applies to transfers of land, and in some jurisdictions to the transfers of business assets, shares (in certain companies) and interests in trusts.
Duty can often be a significant cost of doing business, including selling, buying or restructuring assets – so it is critical for individuals and businesses to get the right advice on duty.
We can assist taxpayers, including by way of working with their usual accountant or lawyer, in the context of:
- identifying possible duty risks and managing those risks in a manner that is consistent with the law, including by seeking rulings on possible exemptions, as part of our tax advisory services and corporate tax advisory services
- Applying for exemptions from duty, including by way of corporate reconstruction relief
- OSR reviews and audits including in the context of responding to OSR prompt letters and considering the availability of concessions and exemptions in a taxpayer’s circumstances
- OSR objections and appeals where the OSR has proceeded with issuing duty assessments with which the taxpayer disagrees
Client Type
We understand that different groups of clients often need different types of advice. To understand more about what services we often provide to different parts of our client base, please explore the links below:
Private wealth families
A core part of our practice is acting for private wealth families with interests in a diverse array of industries including in the property, aged care, retirement villages, tourism, construction, manufacturing, regional and commodity sectors.
We assist private wealth families in conjunction with their trusted accountants, lawyers and private wealth advisors to ensure the tax implications of structures and transactions, including within corporate groups are properly considered and managed. This includes in the context of investments, the realisation of assets and also in terms of social giving structures.
Several of our clients are committed to giving back to the wider community and we can assist in the establishment of private ancillary foundations and ensuring these remain compliant with relevant rules and regulations so that eligible tax exemptions remain on foot.
We regularly act for private wealth families in relation to their income tax, CGT, GST, payroll tax and land tax affairs – providing proactive advice but also in the context of:
- Tax advisory services
- Corporate tax advisory services
- Tax audits and reviews
- Tax objections
- Tax appeals
- Penalty submissions
- Payment arrangements
- Debt management matters, including departure prohibition orders, garnishee orders and director penalty notices
- Interest remission requests
- Private ruling requests
- Private ancillary foundations
- Withholding taxes
- Taxation of deceased estates
Families with overseas connections
We have experience in advising high wealth families with interests in Australia and overseas regarding their Australian interests.
This includes providing advice from an income tax perspective regarding residency and assisting Australian based family members with overseas family in resolving queries from the ATO regarding whether inbound money should be subject to Australian income tax.
We also advise families with overseas connections regarding the impact of being an absentee on available land tax exemptions and concessions, particularly where significant amounts of time may be spent by landowners offshore.
Our advice has been provided proactively but also in the context of:
- Tax advisory services
- Tax audits and reviews
- Tax objections
- Penalty submissions
- Payment arrangements
- Debt management matters including departure prohibition orders, garnishee orders and director penalty notices
- Interest remission requests
- Withholding tax obligations and implications
Property developers and investors
We regularly provide advice and assistance to property developers and investors, and their usual property lawyers, on the various tax implications of transactions and investments.
Prior to acquisitions being made we can provide advice on appropriate structures, including the CGT and land tax advantages and disadvantages.
Stamp duty and GST applicable to property can be extremely complex. We regularly assist property developers and their property lawyers in properly understanding the GST implications of proposed transactions and investments. We can provide advice on whether supplies will be GST-free, input taxed, subject to the margin scheme or fully taxable. Depending on the circumstances, often supplies made by property developers will be mixed supplies. We also provide advice regarding GST barter arrangements in the context of property developments.
We have acted for property developers and lawyers in the context of providing:
- Tax advisory services
- Tax audits and reviews
- Tax objections
- Penalty submissions
- Payment arrangements
- Debt management matters including departure prohibition orders, garnishee orders and director penalty notices
- Interest remission requests
- Withholding tax obligations and implications
Retirement villages and aged care clients
Retirement village and aged care operators face a complex and unique set of tax circumstances, including for income tax, CGT, land tax, payroll tax and GST.
GST is a particular challenge for retirement village operators as whether or not supplies by the operator are taxable, input taxed or GST-free can depend on a range of factors including how the villages themselves are built – meaning proactive advice is critical to ensure that expected GST outcomes can be obtained.
We act for a broad range of retirement village and aged care operators, both not for profit and for profit operators, in all stages of operation, from pre-development through to construction and development, operation of the village and sales of villages and retirement village and aged care businesses.
We have also acted for retirement village and aged care operators in the context of:
- Tax advisory services
- Corporate advisory services
- Tax audits and reviews
- Tax objections
- Penalty submissions
- Payment arrangements
- Debt management matters including departure prohibition orders, garnishee orders and director penalty notices
- Interest remission requests
- Withholding tax obligations and implications
Mark West is involved in industry committees for the retirement village industry and is recognised as a tax expert in this field. We have longstanding relationships with several retirement village and aged care operators.
Corporate groups
We act for both private and public corporate groups as a specialist tax advisor.
Corporate tax advice is often provided in the context of:
- mergers and acquisitions, including from either a buyer’s or seller’s perspective
- corporate restructures
- transactions such as capital returns and share buy-backs
Our advice commonly includes cross-border elements.
Our experience with private wealth families makes us particularly suited to advising families when selling or divesting interests in private corporate groups.
We also provide legal advice to corporate groups on discrete tax matters, including in the context of:
- drafting and implementing legal agreements
- Corporate tax advisory services
- Tax audits and reviews
- Tax objections
- Penalty submissions
- Payment arrangements
- Interest remission requests
- Withholding tax obligations and implications
Small to medium enterprises
Small to medium enterprises face an increasingly onerous compliance burden, particularly regarding income tax, CGT, GST and payroll tax. The focus of most small to medium enterprises is on managing their business and they often do not enjoy the same internal resources to manage tax matters as larger enterprises do.
We provide small to medium enterprises with practical tax advisory support to ensure that they can meet their tax obligations, including withholding and superannuation guarantee obligations. We also often provide expert assistance to small to medium enterprises when they enter into large or unusual transactions.
We also act for small to medium enterprises when they are faced with reviews or audits by federal or state revenue authorities – small to medium enterprises are increasingly the target of audits as part of the ATO’s cash economy focus or State payroll tax audits. Our involvement can help small to medium enterprises to efficiently manage revenue authority interactions, whilst allowing the client to maintain their focus on their business.
We act for small to medium enterprises in the context of:
- Tax advisory services
- Tax audits and reviews
- Tax objections
- Penalty submissions
- Payment arrangements
- Debt management matters including departure prohibition orders, garnishee orders and director penalty notices
- Interest remission requests
- Withholding tax obligations and implications
Non-profit organisations and charities
Non-profit organisations and charities face a complex web of legislation at both a Federal and State level. To claim potential exemptions and concessions, there are various registrations that might be required with the Australian Non-Profits and Charities Commission (ACNC), Australian Taxation Office (ATO) and with respective State governments.
We help non-profit organisations and charities to fully understand their tax obligations, including a range of exemptions and concessions.
Exemptions and concessions from income tax, payroll tax and land tax can greatly improve an entity’s cashflow.
We can also assist in ensuring non-profit organisations and charities understand their GST obligations, including determining if certain supplies might be GST-free.
If exemptions and concessions have been under-claimed in prior years in some circumstances it is possible to seek refunds of overpaid tax in prior years.
In addition to advising on exemptions and concessions, we can also help non-profit organisations and charities to understand when donations to their organisations will be deductible for income tax purposes, which at times can benefit both donors and charities alike.
We often assist non-profit organisations and charities in the context of:
- Tax advisory services regarding various issues, exemptions and concessions as outlined above
- Tax audits and reviews
- Tax objections
- Penalty submissions
- Withholding tax obligations and implications
In recognition of many non-profit organisations and charities having limited funds, particularly more recently established organisations, we have a pro-bono policy in place to ensure our advice can be provided at competitive rates.
Providing support to other accountants and lawyers
We have close relationships with several accounting practices and other law practices, providing specialist tax advice as required to support the needs of their particular clients.
Accountants
With an increasing compliance burden on taxpayers, particularly from an income tax, CGT, GST, payroll tax and land tax perspective, it is important that accountants and trusted advisors seek appropriate input to ensure the tax legislation as it applies to their client’s circumstances is properly understood. This is essential to ensure their client’s tax affairs and obligations are in order.
We can play a key role in this process, including when particular taxpayers first receive prompts from revenue authorities that they are under review for particular taxes. An independent review at the commencement of a review can help identify if any aspects require voluntary disclosure, which can significantly reduce penalties and interest otherwise payable to the revenue authority.
With an increased compliance burden and increased revenue authority data matching and audit activity, we are finding some accounting firms are making a decision it is in their clients interest to outsource review and audit activity from an early stage, which means the accounting firm can focus on the business advisory and compliance work they usually undertake for clients, and which our firm does not undertake.
We also assist accountants and their clients by considering proposed transactions and arrangements and advising on what legal documents need to be put in place. We assist with drafting legal documents as required.
Lawyers
We assist other legal practitioners in a variety of ways, particularly by providing input on the tax effects of proposed transactions and arrangements. This is often from a GST perspective, but can also be from an income tax, CGT or land tax perspective.
GST can be complex and we can assist non-tax lawyers to identify various supplies that might be made between parties to an arrangement and to ensure these are properly documented, including to access GST-free treatment or concessional GST treatment. We can assist in reviewing and drafting appropriate GST clauses as required to ensure their client’s best interests are looked after.
It is not uncommon for us to work with other firms of lawyers in the context of providing specialist tax support in the context of significant corporate transactions, including mergers and acquisitions and the divestment of significant assets.
Trusted advisors
We appreciate the long-term accountants, lawyers and executors of clients are trusted advisors, who clients will first flag potential issues with. Accordingly we can provide support services to ensure the clients’ interests are looked after, including in the following contexts:
- Tax advisory services
- Corporate tax advisory services
- Tax audits and reviews
- Tax objections
- Penalty submissions
- payment arrangements
- Debt management matters including departure prohibition orders, garnishee orders and director penalty notices
- Interest remission requests
- Withholding tax obligations and implications
- Taxation of deceased estates