NSW 8th ANNUAL TAX FORUM - Microsoft Annual Tax... · THE TAX INSTITUTE - NSW 8th Annual Tax Forum - 3 Day one – Thursday 21 May 2015 Time SME stream Corporate stream Hot topics

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NSW 8th ANNUAL TAX FORUM

21–22 May 2015Sofitel Sydney Wentworth

2 - THE TAX INSTITUTE - NSW 8th Annual Tax Forum

THE MUST ATTEND TAX CONFERENCE

Early bird offer – Register before Friday 24 April 2015 to save!

I invite you to join us for the Tax Forum – NSW’s premier tax conference.

Last year saw more than 500 tax professionals attend the NSW Tax forum. This year we have moved to a new, bigger venue to ensure we can accommodate everyone. We have also engaged the highest quality speakers to talk on the topics that will best help you to help your clients. The 2 days will be packed with lots of practical advice, expert tips and useful takeaways.

This year we have 53 speakers, covering 42 technical sessions. Although it was difficult to choose, a few of my stand out sessions are below.

The question is, can you really afford to miss this event?

I look forward to seeing you at the Forum.

Todd Want, CTA, William Buck Chair NSW Professional Development Committee

SME

� Current Issues with Trusts – The Important Things You Should Know Andrew Noolan, CTA, Schurgott Noolan Ardagna

� Division 7A – Putting Your Hands in the Till Without Getting Your Fingers Burnt Greg Travers, CTA, William Buck

� Now You See Them, Now You Don’t – Borrowings in SMSFs Graeme Colley, SPAA

CORPORATE

� Simplification of a Corporate Group Wayne Plummer, ATI, PwC

� Reconstruction in Tax – the Chevron case and TR 2014/6 Stephanie Long, ATO and Chris Kinsella, CTA Minter Ellison

� Group Tax Manager Panel – How do you Manage Tax Risks in a More Transparent World? Andrew McWhinnie, CTA, John Osborne, CTA, Kathryn Davy, CTA and Stephen Green, CTA

HOT TOPICS

� The “Not-So-New” Part IVA – An ATO Perspective Kirsten Fish, CTA, Deputy Chief Tax Counsel

� The SME Guide to Resolving ATO Disputes Debbie Hastings, ATO, Daniel Appleby, CTA and Malcolm Stewart, Speed & Stracey Lawyers

� ADR in a Tax Context from a Mediator’s Perspective Dr Kevin Lindgren, AM, QC, FAAL.

Proudly sponsored by:

THE TAX INSTITUTE - NSW 8th Annual Tax Forum - 3

Day one – Thursday 21 May 2015

Time SME stream Corporate stream Hot topics stream

8.00am–8.30am Registration

8.30am–9.25am Session 1A: Division 7A – Putting Your Hands in the Till Without Getting Your Fingers BurntSpeaker: Greg Travers, CTA, William Buck

The increasing burden of complying with Div 7A, funding loan repayments and managing complicated unpaid present entitlement (UPE) structures continues to challenge practitioners. Advisers must keep pace with progress in this area given the ATO’s continuing reviews and the ongoing reform agenda.

This session will address:

� The current Division 7A issues causing problems for practitioners

� How are UPE issues being dealt with? � Where to from here for valuable private companies? � Other issues currently being reviewed by the ATO.

Session 1B: Transfer Pricing – ATO’s PerspectivesSpeaker: Michael Jenkins, CTA, ATO

Profit shifting and transfer pricing represent a significant area of uncertainty and compliance risk for companies. The ATO is currently in the process of updating its ruling program in relation to transfer pricing, including what documentation is required to support tax return lodgment. During this session, the ATO will share its views on:

� Critical elements of the new transfer pricing laws that represent a change from the past

� Expectations around transfer pricing documentation to attain a reasonably arguable position

� Those areas where companies frequently get things wrong

� How APAs can assist in managing uncertainty.

SESSION 1C: The “Not-So-New” Part IVA – An ATO PerspectiveSpeaker: Kirsten Fish, CTA, ATO

Nearly two years have passed since Part IVA was controversially amended in May 2013. Many were concerned about the broad changes during the consultation process. Have those concerns been realised or is it business as usual?

Kirsten Fish, who has recently been appointed Deputy Chief Tax Counsel, will:

� Present an overview of the ATO’s learnings as it has applied the “not-so-new” Part IVA over the last two years

� Discuss what taxpayers/transactions are in the sights of the “not-so-new” Part IVA.

9.30am–10.25am Session 2A: Current Issues With Trusts – The Important Things You Should KnowSpeaker: Andrew Noolan, CTA, Schurgott Noolan Ardagna

The discretionary trust has been a vehicle of choice for many years, and practitioners are now grappling with succession issues associated with them. This session will look at current issues affecting advisers of discretionary trusts, including:

� Trust vesting – when does a trust vest and what is the relevance of 80 years?

� The tax consequences of trust vesting � The effect of disclaimers and renouncing trust interests

� The effect of changing the trust relationship and trust resettlement

� Getting value out of trusts and current issues with UPEs and s100A.

Session 2B: Thin Cap and Foreign Dividend ChangesSpeaker: David Watkins, CTA, Deloitte and Alyson Rodi, ATI, Deloitte

Many key thin capitalisation rules and limits were tightened from 1 July 2014. Together with related measures, the recent replacement of s 23AJ ITAA36 by Subdiv 768-A ITAA97 has markedly changed the rules governing the taxation of dividends and distributions received by Australian companies, partnerships and trusts from foreign corporate entities. This session explores some of the traps and opportunities arising under the new rules and aims to equip attendees with a working knowledge of these important areas.

Session 2C: Are you Unexpectedly Facing an Unlimited Amendment Period?Speaker: Mathew Leighton-Daly, CTA, Barrister

Is incorrectly filling out a tax return enough to be considered evasion?

Allegations of fraud or evasion are becoming more widespread in ATO audits, especially in instances where the unlimited amendment period needs to be triggered. This session will cover:

� How the ATO has applied the fraud or evasion provisions in the last year or so

� How to deal with your client, and the ATO, when allegations of fraud or evasion arise

� The current state of the law, including a review of the latest cases on fraud or evasion.

10.30am–10.55am Morning tea

TECHNICAL PROGRAM


TECHNICAL PROGRAM

Day one – Thursday 21 May 2015 (cont)


11.00am–11.55am Session 3A: Superannuation and Estate Planning – SMSF FocusSpeaker: Lisa Oddo, CTA, N.Panos & Associates

Recent court cases have highlighted the need for advisors to properly consider SMSFs as part of estate planning for their clients. A failure to adequately plan and prepare can have devastating consequences, including bigger (unexpected) tax bills and the assets ending up in the ‘wrong’ hands.

Focusing on some of the key SMSF considerations relevant to estate planning, this session will look at:

� Control of the SMSF on death or loss of mental capacity � Death benefit nominations and challenges to them � 3 year lapsing rule – Does it apply to SMSFs? � SIS dependants vs tax dependants � Taxation of death benefits � Life or TPD insurance in SMSFs

Session 3B: An Update on Capital Management Issues Including Debt/EquitySpeakers: Simon Jenner, CTA, EY and Hamish Kelly, HSBC

Whether it is investor demand for yield, a corporate restructure or a build-up of surplus capital because of a lack of investment opportunity, capital management is consistently in play for corporate groups. This session will explore the latest trends in the capital markets for both raising and returning capital and the tax issues associated therewith. It will allow you to build an understanding of this topic from not just a tax perspective but also an investor and commercial point of view.

Session 3C: Payroll Tax: What is the NSW OSR really looking for? Speaker: Mark Payne, CTA, HWL Ebsworth Lawyers

The Office of State Revenue (OSR) has been actively reviewing and auditing businesses in relation to payroll tax. Several taxpayers have found themselves with unexpected assessments and increased liabilities. This practical session will cover the main issues and subjects that are being dealt with by the OSR and what the OSR is wanting to see, including:

� Employment agent contracts – the Freelance case and the new frontier

� Payroll tax grouping and the major pitfalls � Director penalty notices in payroll tax.

12.00pm–12.55pm Session 4A: Divorce & Taxes – Digging up the Dirt Speaker: Suzanne Delbridge, Delbridge Forensic Accounting

The distribution patterns and tax strategies employed in previous and current years could be the subject of enquiry during divorce proceedings. This can give advisors and their clients many headaches but the separation can give rise to tax planning opportunities that are not otherwise available. This session will look at:

� Turning tax issues into tax strategies using real life examples

� Distributions by private companies – what might be found

� Clever Division 7A strategies to be considered � Accessing income and assets from companies and trusts.

Session 4B: Tax Consolidation ChangesSpeakers: Daniel Sydes, ATI and Andrew Hirst, CTA Greenwoods & Herbert Smith Freehills

The tax consolidation regime continues to be in a state of flux.

This session will provide an update on the status of recent and proposed changes, and also examine some of the significant issues that taxpayers are grappling with, including:

� The proposed changes to the treatment of deductible liabilities

� The practical operation of the 2012 amendments in relation to “rights to future income” and the “residual tax cost setting rules”

� The treatment of TOFA assets and TOFA liabilities.

SESSION 4C: Landholder Duty – complex, confusing and often counterintuitiveSpeaker: Cullen Smythe, CTA, KPMG

Landholder duty – complex, confusing and often counterintuitive. And yet failure to keep pace with developments in this field can literally cost you millions of dollars and, for the unwary, can apply more than once. This presentation looks at some of the most important hot topics in this area:

� The “just and reasonable” discretion – can it apply to you?

� Clarification of what is an “interest in land” � Tenants fixtures and leases – can the rules apply when you don’t own land?


TECHNICAL PROGRAM



1.00pm–1.55pm Lunch

2.00pm–2.55pm Session 5A: The Expansion of the Concept of Income – the Income Versus Capital DistinctionSpeaker: Mark Robertson, QC, CTA

The incom/capital distinction is more relevant than ever, with the scope of the concept of income arguably expanding. In this session, we will consider the following issues:

� The indicia of income and capital � The trends in the cases and the influence on, and of, the Commissioner

� Losses made from a profit making scheme – are they deductible?

� How to advise clients in the space, and how to manage risk.

Session 5B: R&D Tax Incentive – Four Years In, Do We Have a Stable and Certain Program?Speaker: Kris Gale, Michael Johnson Associates

The R&D tax incentive was introduced in 2011 with a view to providing greater stability and certainty in public support for innovation. Yet, four years in, many may consider that there are less opportunities for Australian corporates to make R&D claims and the landscape in terms of eligibility and value is seen as constantly shifting. This session will look at:

� What has changed since the introduction of the new legislation to ensure you are maximising your eligible R&D claims

� Specific issue guidance including grouped R&D activities and feedstock

� Recent AAT decisions and other program precedents � Impact of changed AusIndustry/ATO administrative procedures

� Political future of the program.

Session 5C: Ethics Speaker: Prof. Gordon Cooper, AM, CTA (Life), Cooper & Co

Prof Gordon Cooper AM, CTA (Life), a past President of the Tax Institute, will explore the ethical obligations and implications for a tax advisor and in particular:

� The concept of ethics; � Ethics and tax evasion; � Ethics and tax avoidance; and � Ethics and tax planning.

3.00pm–3.25pm Afternoon tea

3.30pm–4.25pm Session 6A: Planning with Testamentary TrustsSpeaker: Andrew Frankland, CTA, Bartier Perry

Discretionary trusts and testamentary trusts continue to be of fundamental importance in the estate planning for many clients. In this session we will explore why this is the case and also some of the interrelationships between trusts and the deceased estate, including:

� Significant structural aspects of testamentary trusts for protection planning

� Important interactions between testamentary trusts and inter vivos trusts

� Where does superannuation death benefit planning fit in?

� Some foreign jurisdiction planning opportunities.

Session 6B: Tax Effect Accounting Speaker: Ronen Vexler, PwC

With 30 June fast approaching, corporate taxpayers should be proactive in ascertaining their deferred tax positions to ensure that:

� Their deferred tax calculation is consistent with any assertions they intend to make on a tax audit.

� The deferred tax accounts contain extensive tax information and reflect judgment calls made on potentially contentious matters.

This session develops these themes and identifies a number of key tips and traps to assist the financial accountants and tax specialists working together in this process. This is especially important in light of recent ATO developments where access to tax accounting papers may be sought.

Session 6C: GST UpdateSpeaker: Heydon Miller, CTA, Level 22 Chambers

The last twelve months has seen a significant reduction in the number of GST questions considered by the Courts. However, the cases that have been handed down are reminders that there is still real uncertainty in many areas.

Some of the areas from which valuable lessons can be learnt include:

� The treatment of leases of real property (and implications beyond that sector)

� The perennial question of what constitutes an enterprise and entitlements for input tax credits

� Curtailing the entitlements of taxpayers to GST refunds

� The treatment of certain transactions including motor vehicle incentive payments, bitcoin transactions, ATM charges and credit card surcharges.


TECHNICAL PROGRAM



4.30pm–5.25pm Session 7A: Property Development - GST and Stamp Duty Issues Speaker: Andre Spnovic, CTA, BDO

The current housing boom in Australia has triggered a surge in property development activity in major capital cities. The flow-on effect has been a significant increase in the demand from clients for good tax planning advice in this area. This session will focus on the important and complex indirect tax issues such as GST and stamp duty in the context of property development transactions. It will cover such topics as:

� Practical complications when considering application of the margin scheme

� Traps to be aware of when acquiring a development site as a GST-free supply of a going concern or GST-free farmland

� Meaning of “new residential premises” � GST and stamp duty issues on partitioning land between the registered proprietors

� Option nomination provisions � Optimal development structures � ATO and OSR audit activity � MBI case.

Session 7B: The Chevron Case and Applying Section 820-130 to Financing ArrangementsSpeakers: Stephanie Long, ATO and Chris Kinsella, CTA, Minter Ellison

What does the law say about identifying the relevant features of a related party financing arrangement for the purpose of determining arm’s length conditions? This session will consider the arguments made in the Chevron transfer pricing hearing in late 2014 and also what’s relevant in practically determining the substance of commercial and financial relations when applying section 820-130 and the Commissioner’s views in Taxation Ruling TR 2014/6 to financing arrangements.

Session 7C: The SME Guide to Resolving ATO Disputes Speakers: Debbie Hastings, ATO, Daniel Appleby, CTA, and Malcolm Stewart, Speed & Stracey Lawyers

In the last few years, the ATO has increased its engagement with taxpayers in an attempt to resolve disputes quicker and more effectively. This has been seen best by its engagement with taxpayers in the large business sector. However in respect of private groups, small to medium businesses or high net wealth individuals:

� What level of engagement have they had? � What tools are available if those taxpayers want to engage with the ATO to resolve disputes early?

� What can SME advisors do to get the best outcome for their clients?


Day two – Friday 22 May 2015


8.00am–8.30am Registration

8.30am–9.25am Session 8A: Proving Residency – Harder than you think? Speaker: Zubair Bangash, CTA, TMF Corporate Services (Australia)

Who is a resident of Australia? In recent cases the tax office has had mixed success in answering this question. However the cases have shed some light on this age old question.

This session will cover:

� The distinction between a resident of Australia and a non-resident with particular reference to cases in the last few years

� Residence test for companies, individuals, trusts, self managed superannuation funds and partnerships. What has changed?

� Residence test in Double Tax Agreements � Non-residents and attribution � Calculating the 50% CGT discount for non-residents.

Session 8B: Navigating the ATO ViewSpeaker: Tim Dyce, ATO

The ATO is currently moving through a period of change and reinvention, including how and when they form an ATO view and how taxpayers and advisors can get quicker and better information. This session will cover:

� The changes the ATO is making to its Law and Design Practice Group

� How companies are best placed to navigate the ATO’s view and get answers

� The role of ATO technical experts and how companies can access them to resolve uncertainty

� New directions to provide greater client service.

Session 8C: SMSF UpdateSpeaker: Mark Wilkinson, CTA, Wilkinson Super

This session will provide an update, insight and practical strategies relating to the key superannuation changes that have happened over the last 12 months, including:

� New Superannuation legislation changes � Recent case law related to SMSFs � SMSF tax rulings � Current ATO activities in the SMSF space.

9.30am–10.25am Session 9A: Trusts and Asset Protection – Myth or Fact?Speaker: Nick Gangemi, CTA, Second Floor Selborne Chambers

The family trust is commonly touted as an excellent asset protection vehicle. But how true is this? What is myth? What is fact? How do you best structure a trust?


� Trust basics � The advantages and disadvantages of corporate trustees

� Relationship breakdown � Inheritance claims � Bankruptcy � Tax debts.

Session 9B: BEPS – Practical PerspectivesSpeaker: Peter Poulos, CTA, Minter Ellison

With the OECD meeting all its milestones on deliverables, and unprecedented media and government scrutiny, changes to international tax and transfer pricing rules have significant momentum. This session will:

� Detail the impact of the latest developments � Provide insights on the likely changes as they impact Australian corporates and multinationals

� Highlight the emerging role of various tax transparency and exchange of information measures.

Session 9C: Data Assets, Big Data and the ATOSpeakers: Colin Little, Deloitte and Brett Martin, ATO

This session will look at how the ATO is approaching data collection and the management and utilisation of that data. In addition to the general themes of where does the ATO source its data, the form of this information and the use and privacy of this information, the session will explore where the ATO is “at” with its Standard Business Reporting (XBRL) program and the future of corporate and individual tax returns in the new “big data” environment.

Covering all taxpayer segments, the session will also consider privacy and confidentiality issues associated with the ATO’s data collection, including protections and recourse available to taxpayers.

TECHNICAL PROGRAM


TECHNICAL PROGRAM

Day two – Friday 22 May 2015 (cont)


10.30am–10.55am Morning tea

11.00am–11.55am Session 10A: Now you see them, now you don’t – Borrowings in SMSFs Speaker: Graeme Colley, SPAA

Enquiries, lobbying by special interest groups, politicians – who knows where the rules on SMSF borrowings will end up. Whatever the outcome we still need to understand when it is possible to gear superannuation fund investments directly or indirectly and the interaction with the SIS and tax laws. This session will:

� Examine the changes to the interpretation of the limited recourse borrowing rules

� Stamping of custodian / security trust deeds under Duties Act 1997 (NSW)

� Duty and tax considerations on the transfer of property from custodian to the SMSF trustee on repayment of the loan

� Consider restructuring or rectifying poorly implemented property acquisitions using SMSF

� Tips and traps regarding investment rules, ensuring income is taxed concessionally and the impact of other taxes and charges.

Session 10B: Simplification of a Corporate Group – Tax and AccountingSpeaker: Wayne Plummer, ATI, PwC

No matter if it’s a large corporate or an SME, “simplifying” a corporate group presents technical and practical challenges. This session will provide an overview of these issues, based on real case studies. Specific topics include:

� Capital gains tax considerations � Liquidations � Dealing with debt � Deeds of company arrangement. � Tax consolidation.

The session will also include an overview of the significant tax issues and traps that practitioners need to consider before undertaking such transactions.

Session 10C: Private Equity and Venture Capital Industry UpdateSpeaker: Yasser El-Ansary, Australian Private Equity & Venture Capital Association Limited

The private equity (PE) and venture capital (VC) industry in Australia has seen substantial change – both structural and cyclical – in the last few years. This session will provide an overview of how PE and VC operate in Australia, consider the direction of the industry, and canvass the tax issues of most importance to the industry.

Topics covered in this session will include:

� Structure of the PE and VC industries in Australia � Current market trends for Private Equity & Venture Capital

� How PE and VC fund managers exit from investments � Current and emerging policy and tax issues for PE and VC funds.

12.00pm–12.55pm Session 11A: Cutting Edge Estate Planning TechniquesSpeakers: Adrian Abbott, CTA, Crowe Horwarth andKevin Munro, CTA, Munro Lawyers

Blended families, business succession plans, and competing family member interests pose unique challenges to an SME advisor.

This session will discuss tools, tips and new techniques practitioners are utilising to help families achieve their succession planning objectives including:

� Family Constitutions/Deed of Family Arrangements - What they are, what they cover and how to make them work well.

� How do they help address family law and asset protection issues?

� What to look out for when reviewing family group structures

� Interlocking wills and testamentary trusts � Dealing with control and ongoing business management.

Session 11B: Simplification of a Corporate Group – Legal and Regulatory Speaker: Dr David Goldman, Norton Rose Fulbright and Morgan Kelly, Ferrier Hodgson

When simplifying a corporate group, large or SME, it is not only tax issues that need to be considered. This session works through some common non-tax issues that arise when a group is looking to reduce the number of entities including:

� The difference between liquidation and deregistration � Accounting issues – trapping reserves � Directors’ duties on liquidation � Issues to consider when appointing � Pre-appointment “balance sheet” clean-ups � Operating versus non-operating subsidiaries.

Session 11C: Review and Reform of the Debt/Equity RulesSpeaker: Julian Pinson, FTI, Greenwoods & Herbert Smith Freehills

Division 974 has been enacted for a number of years, yet there is still substantial uncertainty on the application of critical provisions, including s 974-80.


� Current issues when dealing with Div 974 � The recent Board of Taxation paper.


TECHNICAL PROGRAM



1.00pm–1.55pm Lunch

2.00pm–2.55pm Session 12A: SME’s in Financial Trouble – What Tax Issues can this Really Trigger? Speaker: Alastair McLean, PwC

What are some of the tax issues that a SME in distress could face? And what are some of the ways to deal with them?

Using real life cases studies, this session will provide an interactive overview of these issues and will specifically address:

� Capital gains tax considerations � Utilisation of losses � Dealing with debt � Liquidations � Tax consolidations � Liability and obligations of appointees � Deeds of company arrangement.

Session 12B: Employment Taxes Update for CorporatesSpeaker: Kylie Rusten, EY

Employment taxes are a significant obligation on corporates both large and SME. This session will focus on current issues companies need to think about which include:

� Payroll tax grouping developments � The emergence of payroll tax rebate mechanisms � FBT car parking tricks and traps � ATO and Revenue Office audit focus � Other topical issues.

Session 12C: ADR in a Tax Context from a Mediator’s PerspectiveSpeaker: Dr Kevin Lindgren, AM, QC, FAAL

There are special features of mediations where one party is a statutory office holder who has statutory functions and responsibilities, such as the Commissioner of Taxation.

Those special features also arise in the context of other forms of alternative dispute resolution (ADR) to which a statutory office holder is a party, such as early neutral evaluation.

Based on his experience, Dr Lindgren will discuss practical aspects of ADR in the context of tax disputes. This session will include the efficient running of a tax mediation and the steps that the parties might sensibly take before, during and after the mediation with a view to deriving the greatest benefit from it, whether by way of a settlement, or at least by way of refining the issues involved.

3.00pm–3.25pm Afternoon tea


TECHNICAL PROGRAM



3.30pm–4.25pm Session 13A: Restructures for SMEs – Safeguarding Tax and Duty Exemptions Speaker: Denis Barlin, CTA, Wentworth Selborne Chambers

Using case studies to illustrate the practical application for advisors and their clients this session will:

� Discover how to maximise restructure opportunities using CGT rollovers

� Find out the current issues and risks in implementing a deal to satisfy CGT rollovers and duty exemptions

� Avoid losing duty exemptions under corporate consolidation and corporate reconstruction by lodging the wrong documentation

� Effective restructuring of trusts.

Session 13B: Employee Share Plans are Set to Make a Big Come-Back!Speaker: Louise Boyce, CTA, Squire Patton Boggs

1 July 2015 might see the attractiveness of employees share plans grow for both employers and employees.

This session will explore the draft legislation covering the changes, as well as the recently revised ASIC practice statement, and will go through some practical examples of the types of schemes which can be implemented.

Session 13C: Managing State Tax DisputesSpeaker: Matthew Sealey, FTI, Wentworth Chambers

This session aims to provide a practical guide for practitioners to assist them in effectively managing tax disputes with state revenue authorities. It will cover:

� An overview of the process from the initial pre-assessment stage, through to the objection stage, and on to review in a court or tribunal and beyond

� Setting a strategy and opportunities for pre-litigation dispute resolution

� Practical suggestions and tips for best managing the technical and human side of the dispute process with the revenue authority

� Issues that may arise.

4.30pm–5.25pm Session 14A: Small Business CGT Concessions – Dealing with Different Types of ConsiderationSpeaker: Vanessa Priest, BDO

Applying the small business CGT concessions correctly is a challenge at the best of times. But what happens if the client receives something other than cash for the sale of their business or asset? How do you deal with deferred consideration, earnouts or other payment types which are growing in popularity? Are significant planning opportunities available for small businesses? This session will provide practical guidance on:

� Assessing what consideration has been received (in the eyes of the tax laws)

� What alternatives are available to deal with sale proceeds such as earnouts

� How to choose between alternatives so that small business CGT concessions can be maximised

� The impact on the financial position of the seller and buyer

Session 14B: Group Tax Manager Panel – How do you Manage Tax Risks in a More Transparent World? Moderator: Andrew McWhinnie, CTA, Andrew McWhinnie ConsultingPanellists: John Osborne, CTA, Leighton Contractors, Kathryn Davy, CTA and Stephen Green, CTA

Corporate tax managers play a pivotal role in the Australian corporate tax system ensuring that their employer organisations are both compliant and efficient. With the modern world’s increased emphasis on corporate governance and tax “performance” issues, their importance and influence have never been greater. During this session, a number of experienced current and former group tax managers consider a range of topical issues including tax risk management, dealing with the ATO and other revenue authorities, and the likely effect of recent legislative and other changes.

Session 14C: Perfecting and Protecting Your RAPSpeaker: Michael Flynn, CTA, Owen Dixon Chambers West

The reasonably arguable position or RAP is a fundamental component of our self-assessment system, and is now approaching its third decade. In that time the courts have had numerous occasions to explore taxpayers’ RAPs which are potentially more difficult to secure than was once thought. In this session, Michael Flynn, a past president of The Tax Institute, will explain what we can learn from both the decisions and the Commissioner’s adminstration of the self-assessment system and whether there is really one standard of RAP for fact matters and another for legislative interpretation.

There will also be an examination of the relationship between the RAP standard and penalties for failing to exercise reasonable care. This session will assist taxpayers and advisers in assessing whether they have satisfied the reasonable care standard and whether what they may think is a RAP is in fact one, to ensure that immunities from administrative penalties and reductions in interest penalties can be secured.


PRESENTER PROFILESAn overview of our experts

Adrian Abbott, CTA, is a consultant to Crowe Horwath, who brings 35 years of experience in accounting, tax and business management to his client base. He has focused on high net worth reviews and benchmarking. Working with high net worth families, Adrian has put in place a deed of family arrangement interlocking with a family constitution to bring about successful transition to the next generation. Adrian recognises that understanding the needs of the family is paramount before one can start thinking about estate planning and the tax issues involved.

Daniel Appleby, CTA, addresses complex tax issues for a number of Australia’s most successful families and their businesses. He specialises in tax advisory (domestic and international), tax controversy and audit. Daniel also has extensive experience in complex estate and business succession planning.

Zubair Bangash, CTA, is a Director, Head of MAS at TMF Group, a global specialised outsource provider of (among other services) accounting and tax compliance services. With close to 17 years tax experience, including at one large and one mid-tier accounting practice, Zubair has provided tax services to numerous clients, including large multi-national companies as well as key clients with overseas operations. In his current role, he assists inbound multinationals in establishing their businesses in Australia, ensuring they are compliant for tax and regulatory purposes.

Denis Barlin, CTA, is a Barrister at 13 Wentworth Selborne Chambers. He advises on taxes generally (both federal and state taxes), superannuation, equity and trusts, as well as asset protection. Denis also conducts disputes as an advocate in both state and federal tribunals and courts.

Louise Boyce, CTA, is Taxation Counsel at Squire Patton Boggs, one of the world’s strongest integrated legal practices with more than 1,300 lawyers in 44 offices across 21 countries. As a qualified lawyer, as well as a Chartered Accountant with over 20 years experience in the taxation field, Louise provides corporate, international and employment tax advice to a diverse range of clients including clients in the energy, resources and IT industries, with a particular interest in Australian start-up entities. Louise has been actively involved in the recent consultation with Treasury in respect of the taxation of employee share schemes for start-up entities.

Graeme Colley, is the Director of Technical and Professional Standards at SPAA where he is responsible for the technical, advocacy and compliance. He supports members in providing high-quality advice on all aspects of self-managed superannuation funds. Graeme has over 30 years experience in the superannuation industry and had been involved in many of the changes to the government’s superannuation policy during that time. He was previously the National Technical Manager for OnePath Australia which involved providing technical advice on superannuation, social security and aged care to its adviser network. Prior to that, he was responsible for the coordination of superannuation litigation within the ATO.

Professor Gordon Cooper, AM, CTA (Life), is a Chartered Accountant in sole practice as a tax consultant. He is Visiting Professorial Fellow in the Australian School of Taxation at the University of New South Wales. Professor Cooper is also a frequent speaker at seminars and a regular contributor to professional publications. In June 2003, he was awarded an AM in the Queen’s birthday honours for “Services to the tax profession and to the community as an adviser on national taxation and legislative reform, and through education and professional organisations”.

Kathryn Davy, CTA, spent 11 years as Head of Tax for NewsCorp Australia where she successfully lead the group through some of Australia’s largest corporate restructures and a series of high-profile tax cases. Kathryn also has over two decades of professional tax advisory experience and was previously a Tax Partner with EY’s Financial Services team.

Suzanne Delbridge, is the Principal of Delbridge Forensic Accounting and is a Fellow of the Institute of Chartered Accountants. She has a broad background in audit, accounting and business valuation, and has specialised in forensic accounting work for 23 years. Suzanne specialises in the valuation of equity and businesses of all sizes, the investigation of transactions and quantification of losses, and the structuring of settlements. Suzanne heads the Newcastle-based practice, which completes work all over Australia, primarily for the purpose of litigation, with a particular interest in the Family Court jurisdiction.

Tim Dyce, is currently a Deputy Commissioner in Private Groups and High Wealth Individuals at the ATO with Engagement and Assurance staff as well as Technical Excellence, Advice and Case Leadership responsibility and staff. He also has responsibility for Aggressive Tax Planning for the ATO. Previously he was Deputy Commissioner Aggressive Tax Planning (an area focussed solely on this and now merged with two other areas) and prior to that Deputy Commissioner Excise. Tim has changed roles regularly and has worked in most compliance and law areas. He was also the ATO representative at the OECD on Aggressive Tax Planning until recently.

Yasser El-Ansary, commenced as Chief Executive of the Australian Private Equity & Venture Capital Association Limited in November 2013. He is responsible for leading the strategic direction of the organisation’s work in representing the $25 billion private equity and venture capital industry in Australia. Yasser has almost 20 years’ experience as a business adviser and public policy expert, through his previous roles with the Institute of Chartered Accountants, PwC, Australand Property Group, as well as the Department of Treasury in Canberra.

Kirsten Fish, CTA, is one of three Deputy Chief Tax Counsels (DCTCs) at the ATO. As DCTC, Kirsten is one of the highest legal authorities within the ATO, providing technical leadership in relation to significant tax issues, cases and rulings. Prior to joining the ATO, Kirsten was a tax partner of Clayton Utz with a focus on the financial services industry and providing finance and investment transaction advice.

Michael Flynn, CTA, a Barrister specialising in taxation, is the immediate past National President of The Tax Institute. Michael has appeared before the Federal Court and the High Court in many cases on behalf of both taxpayers and the Commissioner. Michael has been a member of various committees of The Tax Institute for over 20 years, including Victorian State Council (he is a past State Chair) and National Council. He lectures in the postgraduate program at Melbourne University.



Andrew Frankland, CTA, is an Executive Lawyer with Bartier Perry Solicitors, holding qualifications in both accounting and law. He has many years experience providing comprehensive estate and business succession planning services, including structuring, tax advice and the implementation of all relevant documentation. Andrew has built an enviable reputation in the legal market for private client services and is highly regarded by clients, other professional referral sources and his peers.

Kris Gale, is Chairman of Michael Johnson Associates Pty Ltd (MJA). He joined MJA as a consultant in 1987 and became a Partner in 1989. Kris’s 28 years of experience in providing advice on government programs that support innovation makes him one of the most experienced people in the area. Kris is a founding member of the federal government’s R&D Tax Incentive National Reference Group.

Nick Gangemi, CTA, is a Barrister on Second Floor Selborne Chambers. He works in tax and commercial litigation, tax disputes and the provision of tax and legal advice. Nick’s areas of expertise include corporate tax, international tax, high net worth individuals, trust law, and mergers and acquisitions.

Dr David Goldman, is an insolvency and restructuring lawyer at Norton Rose Fulbright based in Sydney. He leads the Distressed Debt & Investments practice for NRF globally. Since 2012 he has been named in the Australian Financial Review’s “Best Lawyers” List for insolvency and reorganisation. David regularly advises banks, insolvency practitioners and other corporate stakeholders on domestic and cross-border structures and transactions involving distressed assets and debt, restructuring and litigation. He has acted for various parties in most of the major Australian corporate insolvencies for over 16 years.

Stephen Green, CTA, was formerly the Group head of tax at ANZ for many years. In that position, he led the Group’s internal taxation functions globally, with a particular emphasis on the governance over, and management of, global taxation risk and the building of open and constructive relationships with revenue authorities. Since ceasing full-time employment in 2013, Stephen has remained involved in tax through various consulting activities.

Debbie Hastings leads the ATO’s approach to dispute management and dispute resolution (including ADR) as well as litigation services and legal risk for the ATO. She is also responsible for independent review of large business audits, as well as managing large market objections. Debbie is a graduate of University of Sydney with a Bachelor in Economics and Bachelor of Law. She has led strategic litigation matters in the AAT, Federal Court and High Court and has also been a member of the General Anti-Avoidance Panel and Public Rulings Panel.

Andrew Hirst, CTA, is a Director at Greenwoods & Herbert Smith Freehills Pty Limited. He advises on a wide range of corporate and banking-related tax issues with a particular focus on financial and international transactions. Andrew has been extensively involved in the development of the TOFA provisions and represented The Tax Institute before the House of Representatives Economic Committee in relation to recent changes in this area.

Michael Jenkins, CTA, has worked in the area of transfer pricing and international tax for around 15 years, both in the ATO and in a professional services environment. He is currently an Assistant Commissioner in the Public Groups & Internationals business line of the ATO. Michael is involved in a number of major transfer pricing cases, and leads a team involved in the development of the ATO’s guidance products related to the transfer pricing provisions enacted in 2013. He is currently the Australian delegate to the OECD’s Working Party No. 6 on transfer pricing matters, and was the Australian competent authority for transfer pricing matters from 2010 to 2012.

Simon Jenner, CTA, is a Partner in the Financial Services Tax practice at EY, specialising in banking and capital markets. Simon has 18 years experience advising large corporates on a variety of tax issues, including capital management, capital raisings, mergers, acquisitions, disposals and the application of the tax consolidation regime. He has also advised extensively on the application of the taxation of financial arrangements rules.

Hamish Kelly, joined HSBC as Managing Director, Head of Financial Institutions Group, Australia and New Zealand, within Global Banking in August 2013. In this role, Hamish leads the

coverage of HSBC’s financial institution client base, consisting of banks and broker dealers, insurers, asset managers, hedge funds and the public sector, and is responsible for the origination and execution of product across the HSBC platform.

Morgan Kelly, has specialised in corporate insolvency and recovery for over 20 years, with specific extensive experience in mining, civil earthmoving and engineering, manufacturing and hospitality. This experience has involved formal appointments and advisory roles in businesses ranging in size from SMEs to multinational organisations. Morgan is also a Personal Property Securities Act (2008) subject matter expert, and has conducted several training sessions on this topic for financiers and the Australian Restructuring Insolvency and Turnaround Association.

Chris Kinsella, CTA, is a Tax Partner with Minter Ellison with a focus on tax controversy matters. He has over 30 years experience advising in relation to tax matters. The Minter Ellison tax controversy team represents both taxpayers and the Commissioner in tax disputes in both the Federal Court and the AAT. Chris has extensive experience in advising taxpayers in relation to tax audits and reviews and their relationship with the Commissioner of Taxation. In 2014, Chris was heavily involved with the Chevron transfer pricing case.

Mathew Leighton-Daly, CTA, is a Barrister practising from 16th Floor Wardell Chambers (Head of Chambers: the Hon. R Ellicott, QC). He has an eclectic tax-related practice encompassing administrative, civil and criminal matters (both opinion and court/tribunal work) with particular experience acting for taxpayers in matters involving alleged tax evasion. He is a part-time Lecturer in Law with the Australian Graduate School of Policing and Security, CSU and is regularly published in leading professional and scholarly tax journals. Mathew is a tax law PhD Scholar with UNSW Australia and was awarded the ATAX research scholarship.

Kevin Edmund Lindgren, AM, QC, FAAL, was a judge of the Federal Court of Australia for some 16 years. He was appointed in 1994 and retired in 2010 upon reaching the mandatory retirement age for federal judges under the Constitution. Dr Lindgren practised as a solicitor from 1962 to1969, was an academic at the University



of Newcastle from 1969 to 1984, and practised as a barrister in Sydney from 1984 to 1994, having taken silk in 1991. While a judge, he was President of the Copyright Tribunal of Australia from 2000 to 2007. Since retiring, Dr Lindgren has been engaged in a busy mediation and arbitration practice, as well as in numerous writing and other law-related activities. Relevantly to this forum, he is also a member of the ATO’s GAAR Panel in Sydney.

Colin Little, is a Partner leading the Tax Controversy practice of Deloitte in Sydney. With over eighteen years in the taxation field, for the past ten years Colin has focussed in assisting both public and private sector clients resolve complex taxation disputes, ranging from audit negotiation and resolution through to litigation in the Federal, Supreme and High Court. Colin previously worked with another big four Controversy practice assisting a range of multinational, large corporate and high net worth clients.

Stephanie Long is an Assistant Commissioner in the ATO’s Public Groups & International business line. She is responsible for ensuring that international tax risks are identified and managed effectively. As part of that role, Stephanie has been looking at the application of Australia’s transfer pricing provisions to a number of cross-border financing arrangements. Prior to her current role, Stephanie was a Senior Tax Counsel in the Tax Counsel Network, Sydney.

Brett Martin, ATO, joined the ATO in 2005. He has worked as Assistant Commissioner in the Serious Non Compliance and then the Aggressive Tax Planning areas of the ATO before turning to the role of General Manager with the Australian Valuation Office (a commercial operation within the ATO providing valuation services and advice to all tiers of government). Following this experience, Brett joined the Indirect Tax business line – with responsibility for the ATO’s risk management across indirect taxes such as GST, Excise, Luxury Car Tax etc… Brett’s current role within the Smarter Data Program focuses on how the ATO approaches risk assessment, intelligence, analytics, information management and technology - to use data in a smarter way to improve decisions, services and compliance.

Alastair McLean, is a Partner in the Corporate Tax practice at PwC, specialising in consumer and industrial products companies, and inbound and outbound investment between Australia and Asia. Alastair has over 17 years experience working in Australia and China with large Australian and international companies on corporate taxation issues, including mergers, acquisitions, disposals, liquidations, tax consolidation, tax controversy, capital management and tax-accounting related matters, having advised extensively in each of these areas. He is a practising Solicitor of the Supreme Court of New South Wales, holding degrees in both business and law.

Andrew McWhinnie, CTA, is a consultant working with major corporates and accounting firms. He spent 23 years as Group Tax Manager at Macquarie Bank, and had prior experience in accounting firms and the mining industry. Over his time at Macquarie, the organisation grew from a private boutique operation to a major international enterprise.

Heydon Miller, CTA, is a Barrister at the New South Wales Bar specialising in GST from Level 22 Chambers at 52 Martin Place, Sydney. He has appeared in the AAT and the Federal Court of Australia in relation to federal direct and indirect taxation matters, mainly for taxpayers. He advises extensively on federal taxes and particularly GST. Heydon regularly speaks on GST. Prior to practising at the Bar, Heydon was an Indirect Taxes Partner at PricewaterhouseCoopers. He joined Coopers & Lybrand, as it then was, from the ATO where he worked at a senior level in a range of audit and technical roles.

Kevin Munro, CTA, is a Solicitor and Principal of Munro Lawyers, a specialist legal practice in Sydney. He has 37 years experience in tax and superannuation, forming his own firm in 1994. Kevin’s main areas of practice are tax planning, superannuation and estate planning, and he regularly acts as a consultant for other professional firms. Kevin is active in professional education and gives lectures and workshops for various professional organisations. He is a member of the New South Wales Law Society’s Advisory Committee for Small Business Accreditation.

Andrew Noolan, CTA, is a Director of the Sydney tax consulting firm Schurgott Noolan Ardagna Lawyers. His clients are accountants and lawyers in public practice that require advice on tax issues impacting on their clients. Andrew specialises in tax issues common to the SME and high-wealth individual sectors.

Lisa Oddo, CTA, is a Solicitor at N.Panos & Associates, a boutique law firm specialising in tax, superannuation, commercial law, and estate and business succession planning matters. Lisa has provided clients with superannuation and estate planning advice including representing executors in family provision claims.

John Osborne, CTA, has extensive experience in large Corporate Tax roles. He has just joined Leighton Contractors as Head of Tax and prior to this he was most recently at British American Tobacco Australasia as Head of Tax for Australia, New Zealand and the Pacific Islands for over 10 years. John has also worked at other large multinationals and privately owned groups. He has significant involvement in dispute resolution with both the ATO and other Revenue Authorities and is experienced in corporate financing, restructures and Transfer Pricing.

Mark Payne, CTA, is a Partner in HWL Ebsworth’s Taxation group. Mark provides advice to Australian and international clients on a broad range of taxation, superannuation and financial services-related areas with a particular emphasis on SMSFs.

Julian Pinson FTI, is a Senior Associate at Greenwoods & Herbert Smith Freehills Pty Limited. He advises on the domestic and international tax aspects of a wide range of matters for clients, primarily in the finance, infrastructure, property and funds management sectors. He has been involved in advising on the tax aspects of corporate acquisitions and reorganisations, cross-border financing transactions, financial products and capital raisings.

Wayne Plummer, ATI, is a Tax Partner at PwC with over 28 years of corporate tax experience. He advises a range of multinational companies in relation to their Australian tax affairs. Wayne specialises in the tax consolidation rules, capital management and M&A. He is a regular tax presenter and contributor to ATO and Treasury consultation forums.



Peter Poulos, CTA, is part of Minter Ellison’s Tax Controversy team and has over 25 years’ experience practising in the area of tax. His experience includes advising on the application of the income tax, GST and FBT Acts, including the general anti-avoidance provisions of those Acts, and on transfer pricing and in the conduct of tax and tax related litigation.

Vanessa Priest, is a Partner in the Tax Consulting Group of BDO and has over 19 years experience in public practice as a taxation specialist. At BDO she focuses on the SME market, professional services, family trusts, and has a particular interest in the small business CGT concessions.

Mark Robertson, QC, CTA, is a Queen’s Counsel with chambers in Brisbane and Sydney. He has appeared in many anti-avoidance cases Australia-wide for taxpayers and for the Commissioner.

Alyson Rodi, ATI, is a Tax Partner at Deloitte in Sydney specialising in International and Corporate Tax. Alyson has over 20 years experience advising clients on inbound and outbound cross-border transactions including tax-effective cross-border financing and profit extraction strategies, the application of double tax treaties, the applicability of Australia’s foreign accruals rules and potential foreign tax issues. In addition to Alyson’s extensive Australian experience, Alyson also has experience working in the international tax groups of Deloitte’s London and Dublin offices and working for a major London law firm.

Kylie Rusten, is an Executive Director in EY’s Human Capital (HC) Practice and has over 15 years experience in Employment Taxes, specifically advising on PAYG withholding, termination and redundancy payments, superannuation obligations, FBT and state payroll taxes for both domestic and expatriate employees and also contractors.

Matthew Sealey, FTI, is a Barrister at Ground Floor Wentworth Chambers. He came to the New South Wales Bar in 2011 following many years as a tax lawyer at leading firms. His practice is focused on acting and appearing for taxpayers and revenue authorities in federal and state tax disputes, and providing tax and duties advice. In addition to his appearance and advisory work, he has extensive

experience in resolving federal and state tax disputes prior to litigation.

Cullen Smythe CTA, is a Director at KPMG and specialises in stamp duty and other state taxes. He has more than 15 years experience advising clients on the Australia-wide state tax implications of major real estate, infrastructure, M&A and financing transactions. Cullen is a member of The Tax Institute’s Liaison Committee with the New South Wales Office of State Revenue.

Andre Spnovic, CTA, heads up the Indirect Tax group Nationally at BDO. His primary areas of expertise are GST, Australia-wide stamp duties and fuel tax credits. He has over 20 years of experience in providing transaction advisory and indirect tax compliance support to a range of clients particularly in the SME market, and has developed a reputation for providing practical, commercial and innovative solutions to clients in the SME space.

Malcolm Stewart, specialises in tax audit and complex litigation, white-collar and regulatory enforcement, and employment law. He has presented seminars including to accredited specialists and has sat on panels for the Law Society. He has presented at seminars and given papers on rule of law issues, and has given written and oral evidence to federal parliamentary inquiries on changes to the law.

Daniel Sydes, ATI, is a Director at Greenwoods & Herbert Smith Freehills Pty Limited, with over 15 years of tax adviser experience. He advises on a wide range of corporate tax issues, particularly within the property construction and development, property funds management, banking and finance and media sectors. One of Daniel’s key areas of expertise is the tax consolidation regime, and the various issues that arise in M&A transactions.

Greg Travers, CTA, is the Director in charge of the Tax Services division of William Buck in Sydney. His clients are predominantly private businesses, both Australian and foreign-owned, as well as higher wealth individuals and families. The work undertaken by Greg is primarily advising on issues and transactions such as restructuring, exit strategies, business acquisitions and international expansion, along with referrals from accountants, lawyers and

other advisers. Greg is the author of the new title, The Tax Adviser’s Guide to Part IVA, published by The Tax Institute.

Ronen Vexler, is a Partner in PwC’s Sydney corporate tax practice, with experience across a broad range of taxation issues including compliance, due diligence and structuring. He has assisted on a broad range of clients, both inbound and outbound and of various sizes. Ronen leads PwC Australia’s Tax Accounting Services practice. He has been a Tax Accounting specialist for over 15 years and has been the lead tax partner of many statutory audits. Ronen has extensive expertise assisting large companies understand day to day tax accounting issues, as well as the tax accounting consequences of changing tax law, changing accounting standards, and merger and acquisition activity. He is a frequent presenter on tax accounting issues.

David Watkins, CTA, is the Leader of the Deloitte National Tax technical and policy group. In that role and previously, David has been a member of various consultation groups working with Treasury and the ATO on a range of international tax matters. David has worked overseas for a number of years, variously in Malaysia, Singapore and most recently, in New York where he was principally focused on US outbound investment into Australia, by US corporates, US managed hedge funds and private equity funds.

Mark Wilkinson, CTA, has 25 years experience working as a Chartered Accountant, many spent at mid and “big four” accounting firms where he developed specialist superannuation administration and consulting groups. Mark has narrowed his focus and now provides technical support and training to advisers who administer and advise self-managed superannuation funds. Many of these advisers consult with Mark on how to implement strategies that will grow a client’s wealth, enable them to enjoy it during retirement, protect it from creditors and direct to the right beneficiary on death.


NSW 8th Annual Tax Forum | 21−22 May 2015 2150521M1WD

Two-day registration � Attendance at any session of your choice (maximum 14 sessions)

� Electronic access to download available technical papers and presentations

� Morning and afternoon refreshments

� Lunch

� 14 CPD hours

Single-day registration � Attendance at any session of your choice (maximum 7 sessions)


� Morning and afternoon refreshments (Day 1 or Day 2)

� Lunch (Day 1 or Day 2)

� 7 CPD hours

Printed materials To assist in reducing the environmental impact, the standard registration option will provide only electronic access to materials. For an additional fee of $100, delegates may choose to receive all available technical papers and presentations in hard copy format at the forum. Refer to the registration options and indicate your preference.

Employer ticket � Please complete the employer ticket registration form on page 17 & Page 18.

Early-bird offerRegister on or before 24 April 2015 to save.

Registration options (all prices include GST)

Two-day registration – 14 CPD hours Early bird* Standard

Member $1,445 $1,595Non-member $1,695 $1,845New member^ $1,495 $1,645

I understand that the registration fees do not include printed materials. Access to materials will be electronic.

Add printed materials (Add $100)

Total registration fee $ ^For an extra $50 become a member of The Tax Institute until 30 June 2015. Membership will include a free two-week trial of Tax Knowledge eXchange, the Institute’s electronic information resource, upon application.

Single-day registration – 7 CPD hours Early bird* Standard

Thursday Member $795 $895Thursday Non-member $895 $995

Friday Member $795 $895Friday Non-member $895 $995

I understand that the registration fees do not include printed materials. Access to materials will be electronic.


*On or before 24 April 2015

Total registration fee $

Personal details

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Two-day registration total $

Single-day registration total $

Total payable $

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OR

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INDIVIDUAL REGISTRATION FORMA tax invoice and confirmation letter will be sent on receipt of your registration. All prices quoted include GST. ABN 45 009 392 372

| Page 1 of 2

Register

OnlineSave time, register online at taxinstitute.com.au/NSWTaxForum

Fax02 8223 0077

[email protected]

16 - THE TAX INSTITUTE - 8th Annual Tax Forum

Day one – Thursday 21 May

Session 1: 8.30am–9.25am

Session 1A: Division 7A – Putting Your Hands in the Till Without Getting Your Fingers Burnt

Session 1B: Transfer Pricing – ATO’s Perspectives

Session 1C: The “Not-So-New” Part IVA – An ATO Perspective


Session 2A: Current Issues With Trusts – The Important Things You Should Know

Session 2B: Thin Cap and Foreign Dividend Changes

Session 2C: Are you Unexpectedly Facing an Unlimited Amendment Period?


Session 3A: Superannuation and Estate Planning – SMSF Focus

Session 3B: An Update on Capital Management Issues Including Debt/Equity

Session 3C: Payroll Tax: What is the NSW OSR really looking for?

Session 4: 12.00pm–12.55pm

Session 4A: Divorce & Taxes – Digging up the Dirt

Session 4B: Tax Consolidation Changes

Session 4C: Landholder Duty


Session 5A: The Expansion of the Concept of Income – the Income Versus Capital Distinction

Session 5B: R&D Tax Incentive – Four Years In, Do We Have a Stable and Certain Program?

Session 5C: Ethics


Session 6A: Planning with Testamentary Trusts

Session 6B: Tax Effect Accounting

Session 6C: GST Update


Session 7A: Property Development - GST and Stamp Duties Issues

Session 7B: The Chevron Case and Applying Section 820-130 to Financing Arrangements

Session 7C: The SME Guide to Resolving ATO Disputes

Day Two – Friday 22 May


Session 8A: Proving Residency – Harder than you think?

Session 8B: Navigating the ATO View

Session 8C: SMSF Update


Session 9A: Trusts and Asset Protection – Myth or Fact?

Session 9B: BEPS – Practical Perspectives

Session 9C: Data Assets, Big Data and the ATO


Session 10A: Now you see them, now you don’t – Borrowings in SMSF’s

Session 10B: Simplification of a Corporate Group – Tax and Accounting

Session 10C: Private Equity Venture Capital


Session 11A: Cutting Edge Estate Planning Techniques

Session 11B: Simplification of a Corporate Group – Legal and Regulatory

Session 11C: Review and Reform of the Debt/Equity Rules


Session 12A: SME’s in Financial Trouble – What Tax Issues can this Really Trigger?

Session 12B: Employment Taxes Update for Corporates

Session 12C: ADR in a Tax Context from a Mediator’s Perspective


Session 13A: Restructures for SMEs – Safeguarding Tax and Duty Exemptions

Session 13B: Employee Share Plans are Set to Make a Big Come-Back!

Session 13C: Managing State Tax Disputes


Session 14A: Earnouts and Contingent Consideration and the Interaction with the Small Business CGT

Session 14B: Group Tax Manager Panel – How do you Manage Tax Risks in a More Transparent World?

Session 14C: Perfecting and Protecting Your RAP

Session selection

Please advise below which sessions you would like to attend during the forum. Please note sessions are subject to availability.

INDIVIDUAL REGISTRATION FORM Page 2 of 2


Registration options (all prices include GST)

Early bird ticket* $1,795

Standard ticket $1,995

I understand that the registration fees do not include printed materials Access to materials will be electronic.


*On or before 24 April 2015

Total registration fee $

Employer ticket co-ordinator details

Title: (Dr/Mr/Miss/Ms/Mr/Other)

First name:

Last name:

Member no: Company:

Postal address:

Suburb:

State: Postcode:

Tel: Fax:

Email:

Dietary requirements:

Please tick this box if you do not wish your name to be included on the delegate list provided to all delegates

Employer ticket registration total $

Total payable $

I enclose a cheque* for $ OR

Please charge my credit card $

AMEX Visa MasterCard Diners

*Please make cheque payable to The Tax Institute.

Card no. / / /

Expiry date:

Cardholder’s signature:

Cardholder’s name:

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Membership and education program promotion

I am interested in becoming a member of the The Tax Institute. Please send me further details.

I am interested in learning more about The Tax Institute’s education program. Please contact me.

Marketing and business alliance partner exclusions

I no longer wish to provide my contact details to The Tax Institute’s contracted business partners.

I no longer wish to receive marketing correspondence from The Tax Institute.

NSW 8th Annual Tax Forum | 21−22 May 2015 2150521M1WD

EMPLOYER TICKET REGISTRATION FORMA tax invoice and confirmation letter will be sent on receipt of your registration. All prices quoted include GST. ABN 45 009 392 372

| Page 1 of 2

Employer registration � Multi-user registration (register up to 14 delegates from the same organisation)

� Attendance at any session of your choice (total 14 technical sessions)


� Morning and afternoon refreshments

� 14 CPD hours

Session selectionPlease complete the form on Page 18 to indicate who will be attending each session. Sessions will be allocated on a first-come, first-serve basis. Please indicate your selections as soon as possible to secure your place. CPD hours will be allocated according to session selection.

Employer tickets do not include lunch on Day 1 or Day 2.

Confirmation of employer registration A tax invoice and confirmation letters, including details of your session selection will be sent on receipt of your registration. Please check your session details are correct and contact The Tax Institute on 02 8223 0040 if any information is incorrect.

Printed materials To assist in reducing the environmental impact, the standard registration option will provide only electronic access to materials. For an additional fee of $100, delegates may choose to receive all available technical papers and presentations in hard copy format at the forum. Refer to the registration options and indicate your preference.

Early-bird offerRegister on or before 24 April 2015 to save.

Register

OnlineSave time, register online at taxinstitute.com.au/NSWTaxForum

Fax02 8223 0077

[email protected]

18 - THE TAX INSTITUTE - 8th Annual Tax Forum

Session selection

Session number (First choice)

Session number (Second choice)

Attendees’ preferred full name (for name badge)

Tax Institute member/non-member number (if known)

Attendee’s email address (required)

1

2

3

4

5

6

7

8

9

10

11

12

13

14

EMPLOYER TICKET REGISTRATION FORM Page 2 of 2

Please note sessions are subject to availability.

Employer ticket administrationFor employer tickets, the names of all attendees and the sessions they will be attending must be submitted on the employer ticket registration form. A confirmation letter for each attendee will be emailed to the employer ticket coordinator. If any amendments need to be made, please call (02) 8223 0040.

Special dietary requirementsPlease indicate any special dietary requirements on the registration form.

Paperless optionThe Tax Institute understands the impact that an event of this nature has on the environment, especially when printing delegate materials. Full technical papers and PowerPoint presentations will be available online to all participating delegates to download approximately five days before the event. Once these are available an email will be sent to delegates with access details.

Delegate listA delegate list will be included in the delegate folder to assist with networking. Please indicate on the registration form if you do not want your name included on the list.

Tax Forum appThe Tax Forum app will be available for download 1 week prior to the event. The app will contain session and speaker information, the delegate list and available technical materials. You will receive instructions via email detailing how to download the app.

Confirmation of registrationOn receipt of registration and payment, you will receive an email containing your confirmation letter and tax invoice.

CPD AccreditationFull forum attendance counts for 14 hours of Structured Continuing Professional Development Accreditation with The Tax Institute. Single-day attendance counts for 7 hours and employer ticket attendance will be allocated accordingly to each attendee.

The venueThe forum will be held at Sofitel Sydney Wentworth, 61–101 Phillip Street, Sydney, NSW, 2000.

Getting thereBus services run along Phillip Street, and both Wynyard and Martin Place train stations are within close proximity of the venue. Please contact us if you require a map with further details.

ParkingParking at the Sofitel Wentworth hotel is accessible via Bligh Street. There is a daily conference rate of $43.20 available to delegates – please let the parking attendant know that you are attending The Tax Institute’s 8th Annual Tax Forum to obtain this rate. To view standard car parking rates, visit www.secureparking.com.au.

Dress code Business casual attire is suitable for the duration of the forum.

Changing or transferring sessions Attendance at the forum is fully transferable. Replacements can be nominated at any time; however, please email ALL changes to [email protected] to ensure that your data is updated, name tags are accurate and CPD hours are allocated to the correct attendee.

If your changes are received more than three working days prior to the commencement of the forum, a revised confirmation letter will be sent.

Please note: There may be an additional cost depending on the member status of the registered attendee and the replacement.

Alteration and cancellation policy The Tax Institute reserves the right to alter, amend or cancel all or any of the arrangements contained in the program.

It is a condition of acceptance of registration that an administration fee of 20% of the registration fee will be charged for cancellation. No refund will be given for cancellations received within five working days of the event. A replacement may be nominated.

If the replacement is not a member, the non-member registration fee will apply. CPD hours will be allocated to the designated attendee.

The Tax Institute cannot accept responsibility for delegates’ late transport arrivals or non-arrivals due to delays.

Group discount Purchase four full registrations and receive the fifth one free. All attendees must be from the same firm and all registration forms must be submitted together.

PrivacyWe take your privacy seriously, and our policy can be viewed at: www.taxinstitute.com.au/go/footer/privacy.

EnquiriesIf you have any enquiries please contact the New South Wales division on 02 8223 0040 or email [email protected].

Join Australia’s leading professional tax body

Take advantage of the special new member introductory offer. For an additional $50, receive membership (valid to 30 June 2015) and a two-week trial of Tax Knowledge eXchange, the Institute’s electronic information resource, upon application.

Member benefits include: � Taxation in Australia Journal

� TaxVine e-newsletter

� TaxLine Research Service – free to members

� CPD event discounts

� Publications and tax product discounts

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