Here are some examples of projects we've completed
International tax
Residency
- Advice on tax issues/strategies re leaving Australia to work/live overseas, including CGT issues
- Advice on tax issues/strategies re returning to Australia after living overseas for a period
- Advice on tax issues/strategies re moving to Australia temporarily or permanently
- Assisting individuals to persuade tax office that they were not resident in Australia while living overseas – click HERE for further information
- Tax residency advice for individuals living/working on boats
- Advice on residency of companies and trusts and ensuing tax consequences
- Advice on how tax treaty between Australia and individual’s home country affects Australian residency tests and implications
- Advice on how change of residency affects interests under employee share/option incentive plan – click HERE for further information
- Advice about implications of tax residency for holder of Resident Return Visa
Amounts received from offshore
Overseas assets
- Advice on Australian tax liability re overseas assets (and/or assets owned by trust or company which taxpayer controls or benefits from)
Foreign residents with Australian investments
- Advice on tax implications for non-resident investing in Australian assets
- How main residence exemption and 50% CGT discount will apply when individual becomes non-resident
- Advice on foreign resident capital gains tax withholding at settlement of property sale
Exemption for work done overseas
- Advice on whether income from working overseas is tax exempt under section 23AG (eg, for defence forces) or under the International Organizations (Privileges and Immunities) Act
International employee stock ownership plans (ESOPs)
- Advice on how ESOP interests will be taxed when individual moves to, or leaves Australia (including on subsequent sale of interests) – click HERE for further information
Foreign residents with HECS-HELP debt
- Assisting foreign residents with HECS-HELP debt owed to Australian tax office
Tax treaty
- Advice on how tax treaty affects matters including: residency, source of income, capital gains tax liability, taxation of pensions, employment income, share sales
Source of income
- Advising non-residents on whether income is “Australian-sourced” including where: employee has Australian employer but works overseas; individual works on planes/boats in Australia; taxpayer trades Australian shares
- Advice on how tax treaty impacts source of income
Tax office disputes and dealings
Private rulings
- Advice on pros/cons of seeking private ruling re taxpayer’s specific situation
- Preparing private ruling application (ie, preparing persuasive submission to tax office)
Investigations / reviews / audits
- Assisting individuals and businesses under investigation by tax office to respond to questions and information requests – click HERE for further information
Voluntary disclosures
- Advice to confirm whether income should have been declared in tax return; and whether tax office still able to pursue any historical undeclared income
- Assisting individuals and businesses to prepare voluntary disclosure letter re undeclared income
- Assisting with voluntary disclosure re SMSF regulatory breach
Objections
- Advice on whether worthwhile to lodge objection re assessment or adverse private ruling
- Preparing objection (ie, preparing persuasive submission to tax office) to challenge adverse tax assessment
Appeals/ litigation
- Advice on issues/strategies re appealing tax office decision including: likelihood of success; whether to appeal to tribunal or court; whether to pay some or all of alleged debt
- Assisting/representing taxpayers in tax appeals
Extension of time to object/appeal
- Advice on whether too late to object/appeal adverse decision by tax office; and whether possible to obtain extension of time
- Preparing request for extension of time to appeal to Administrative Appeals Tribunal
Tax type
Capital Gains Tax
- Advice on whether sale of business assets/shares qualifies for CGT small business concessions
- Advice on pre-CGT status of trust/company assets acquired before 20 Sep 1985 where restructure/change has occurred or is proposed
- Advice re application of CGT main residence exemption where property is rented out and/or vacated
- Advice on CGT consequences of leaving, or moving to, Australia
- Advice on how 50% CGT discount applies to property sale where owner (or beneficiary if property owned by trust) is non-resident for part of ownership period
- Advice on proper tax treatment of compensation/settlement amounts (eg, re damage to property)
- Assisting taxpayer under audit re whether land is held on capital account vs revenue account
- CGT advice re deceased estate including where property was main residence of deceased
- Preparing private ruling application to extend period for selling deceased’s main residence
Land tax
- Advice on whether primary production exemption available – rural zoning vs non-rural zoning
- Assisting taxpayer under investigation re land tax
- Preparing objection to dispute location of principal place of residence
- Advice on extending 2 year period to sell property from deceased estate
Payroll tax
- Advice on whether workers are employees or contractors; and whether any contractor exemptions available – click HERE for further information
- Advice on whether companies/trusts are part of the same group for payroll tax purposes
- Assisting client to obtain exclusion from the grouping provisions
- Advice on whether payroll tax liability exists re employees of foreign grouped companies
- Advice and assisting with audit re whether services are provided under an employment agency contract
- Assisting taxpayers under payroll tax investigation
- Preparing objections to payroll tax assessments (including re ‘grouping’ provisions and re ’employment agency’ provisions)
GST
- GST advice on various kinds of property sales
- Advice on whether going concern exemption will apply
- Advice on whether property is commercial residential premises
- Assisting business to have cancelled GST registration reinstated
- Assisting businesses under GST/BAS audit
- Advice on whether entity is carrying on an enterprise
Income Tax
- See other specific topics (as many relate to income tax)
Withholding Tax
- Advice on royalty withholding tax
- Advice re PAYG withholding tax issues including director penalty notices and credits for withholding tax
Entity type
Private company
- Advice re how to deal with potential breaches of Division 7A
- Division 7A tax advice re making and forgiving loans and unpaid present entitlement –
- Tax advice on changes in shareholdings – impact for company’s losses, value shifting issues
- Assisting shareholders to ensure loans to company are not treated as equity for tax purposes
Trust
- Tax advice re trust that will soon vest; and whether possible to extend the vesting date
- Tax advice re amending trust deed
- Advice on tax obligations re overseas trust controlled by Australian residents
- Tax review of trust deed
- Advice on disclaiming entitlement to trust income
- Advice on whether trust is resident or non-resident and resultant tax consequences in either case
Superannuation fund
- Advice on contributing extra money to superannuation under the CGT small business concessions
- Tax advice re pros/cons of using SMSF to acquire property.
- Assisting SMSF member where ATO has treated incorrectly treated rollover contributions as excess contributions
- Assisting superannuation funds that have breached superannuation laws
- Advice on whether property SMSF wishes to acquire is “business real property”
- Tax advice on whether to purchase property in SMSF (vs via trust or in own name etc)
- Advice on superannuation tax strategies including re death
- Tax advice on moving assets out of SMSF due to divorce
- Assisting with voluntary disclosure re SMSF regulatory breach
Deceased estate
- Assisting executors of deceased estate with various tax issues including: where deceased did not comply with their tax obligations; and tax implications of dealing with assets of deceased estate where beneficiaries overseas and/or asset was main residence of deceased
Professional services entity
- Tax advice on setting up a medical or other professional service practice
- Advice re the personal services income rules
Employer
- Tax advice re employee incentive plans
- Assisting business under payroll tax investigation
- Advice re PAYG withholding tax obligations (and director penalty notices)
- Advice re characterising workers as employees vs contractors
- Advice on how to implement effective salary sacrifice arrangements
Employee
- Assisting employee under audit re deductions claimed for work-related expenses
- Tax advice re employee incentive schemes (eg, employee share schemes)
- Advice on tax implications of termination payments
Family
- Advice on tax aspects of estate planning including re superannuation, trusts, overseas beneficiaries, joint tenants
- Assisting families with income tax audit (re group entities and family members)
- Tax and superannuation advice re family law disputes and settlements
Strata scheme
- Advice on tax implications of major renovations to strata scheme
- Advice on tax consequences, for lotowners and body corporate, of adding new lots to an existing strata scheme
Individual
- Advice on various tax issues affecting individuals
- Assisting individuals to the persuade the tax office of their position
Tax re miscellaneous situations
Property
- Tax implications of development, subdivision and sale
- Advice re accessing the main residence exemption
- Determining whether land is held as a capital or revenue asset
- Whether leasing activity amounts to the carrying on of a business
- Advice on various GST issues re sale of property
Sale/purchase of business
- Advice on tax consequences of sale/purchase of a business
Carrying on business
- Determining whether taxpayer is carrying on a business (vs hobby or mere investment)
- Determining whether taxpayer provides services as business contractor (vs as employee)
Estate planning
- Advice on tax aspects of estate planning including re superannuation, trusts, overseas beneficiaries, joint tenants
Cryptocurrency
- Determining if gains/losses from cryptocurrency are on revenue or capital account
- Tax implications of mining bitcoin
Gambling and gaming
- Tax advice re professional gambling and poker.
- Advice on tax implications of online video gaming wins (eg, re ‘game gold’)
Employee incentive schemes
- Tax advice re options/shares issued as part of employment package (both under pre and post 1 July 2015 rules) – click HERE for further information
- Tax advice re market value employee share plans
Personal services income
- Advice on whether company/trust passes one of the “personal services” business tests; and if not, whether possible to obtain a “personal services business determination” from the tax office
Thoroughbreds
- Advice on tax consequences of dealings with thoroughbred horses, including where taxpayer does not carry on a horse-related business
Compensation
- Advice on deductibility of compensation/settlement amounts for payer
- Whether compensation/settlement amounts are assessable income to recipient
Using tax and capital losses
- Advice on whether “non-commercial loss” rules affect ability to offset business losses against non-business income
- Advice on whether losses made by company in previous years can be applied against current and future year income where shareholders have changed in the meantime
- Advice on whether trust distribution can be made to beneficiary with significant tax losses
Forgiving debts
- Tax advice re strategies for forgiving debts
Business structuring
- Tax advice on pros/cons of using different structures for running and investing in business
Family law
- Tax implications of transferring assets (including from SMSF) due to divorce
Gifts
- Assisting taxpayer to validly make tax-free gift to friend