Tax
Complex Australian and cross-border tax advisory for private groups, corporates and private clients.
Our Tax practice advises private groups, corporates and private clients on complex Australian and cross-border tax matters. Our work spans transactions, restructures, disputes and engagement with the ATO.
Engagements range from discrete written advice to responsibility for the full tax workstream of a complex transaction.
Our tax services
Advisory and Rulings
Clients typically seek advice or a ruling where a position is novel, contested or sufficiently material to require certainty before it is adopted. The issue may arise from a proposed transaction, a tax position under development or concerns about advice already received. We set out the law, apply it to the facts and provide a concluded view through a written opinion, private ruling application, reasonably arguable position paper or second opinion.
- Written opinions on contested positions
- Private ruling applications
- Reasonably arguable position papers
- Second opinions on positions taken by other advisers
Restructures
Group reorganisations commonly arise from succession, asset protection, preparation for a sale or a group's accumulated history. Our team designs the target structure, maps the steps required to implement it and identifies the available rollovers and duty concessions. We coordinate implementation with the commercial and legal workstreams so that the tax outcome is settled before documents are executed.
- Structure design and step plans
- Rollover and duty analysis
- Implementation alongside the commercial and legal workstreams
International Tax
Our team advises Australian groups investing offshore and international investors entering Australia. Our work covers cross-border structures and tax residency, the taxation and repatriation of income, controlled foreign company rules, and entry and exit issues, including investments involving jurisdictions that do not have a tax treaty with Australia.
- Cross-border structuring and tax residency
- Source taxation and repatriation
- Controlled foreign company rules and exit
- Jurisdictions where no tax treaty applies
M&A Tax Advisory
Our team leads the tax workstream on buy-side and sell-side transactions. Our work covers tax structuring, tax due diligence, modelling and the tax warranties and indemnities in the sale and purchase agreement. Where our Corporate Advisory practice is also engaged, the tax structure is developed alongside the deal economics and commercial terms.
- Transaction structuring
- Tax due diligence
- Tax modelling of deal outcomes
- Warranties and indemnities in sale and purchase agreements
Employee Equity
Our team designs and implements employee share and option plans for privately held groups, where valuations can be difficult and liquidity is limited. Our work covers plan design and documentation, employee share scheme and fringe benefits tax analysis, and the Division 7A and funding issues that arise when employees hold equity in a private company. The objective is a plan that is commercially workable for the company and tax-effective for participants.
- Plan design and documentation
- Employee share scheme and fringe benefits tax analysis
- Division 7A and funding structure
Disputes
Our team manages ATO engagements from first contact through reviews, audits and objections to settlement negotiations and litigation support. Our work also includes Top 1,000 and justified trust assurance reviews, where early preparation can materially affect the outcome. We seek to resolve matters at the earliest defensible point on the best available terms.
- Reviews, audits and objections
- Settlement negotiations
- Litigation support
- Top 1,000 and justified trust assurance programs
Common questions
When is a private ruling worth seeking?
A private ruling may be appropriate where the position is novel or contested, the amounts at stake justify the process and certainty is required before a transaction proceeds. Where a ruling is not warranted, a written opinion or reasonably arguable position paper may provide an appropriate level of certainty.
At what stage of an ATO review or audit should advisers be engaged?
As early as possible. The position taken in the first response to the ATO will often shape the matter, and concessions available during a review may no longer be available at the objection stage.
When should our Tax practice be engaged on a transaction or restructure?
Before key terms, transaction steps or documents are settled. Early involvement allows alternative structures, available rollovers and downstream tax consequences to be considered while options remain open. Our team can then support the matter through documentation and implementation.
Can our Tax practice work alongside a client's existing advisers?
Yes. We are often engaged for a discrete opinion, transaction or restructure while the client's accountant, lawyer or other advisers remain in place. Our team leads or supports the tax workstream and coordinates directly with those advisers as required.
Discuss a tax matter
For a confidential discussion about a tax matter, contact Eric Reiner.
