Speaker Profile: Promoter Penalties session

In the latest speaker profile in our series, we sit down with Damien Bourke from EY who is presenting the Promoter Penalties – The Receipt of a Section 353-10 Notice is as Daunting as the Regime Itself session at the upcoming 2014 Private Business Tax Retreat.

Tell us about yourself

I am a law partner with EY in Brisbane, the firm I joined following 15 years in practice in my own law firm. I have practiced in tax related litigation for much of my legal career. Recently, I undertook a mediation course which will help me to become accredited as mediator next month. My aim is to promote the early resolution of disputes before parties become entrenched and whilst costs can be maintained. Presently I am involved in the expansion of EY’s legal capability which is proceeding across the Asia Pacific region.

I live with my wife in New Farm Brisbane. I have one daughter aged 19 and another aged 15.

How long have you been affiliated with The Tax Institute?

For the whole of the time that I have been with EY, which is 5 years.

What does the 2014 Private Business Tax Retreat mean to you, and more broadly, to the tax industry?

It provides a wonderful opportunity for focused learning on topics which are relevant and current. The debates are on issues which are directed and informative. The quality and experience of the speakers is something which I thought was impressive.

What is the topic that you are presenting at the 2014 Private Business Tax Retreat?

I will be presenting the Promoter Penalties Penalties – The Receipt of a Section 353-10 Notice is as Daunting as the Regime Itself session.

What can attendees expect to learn from your session?

I am hoping to raise an awareness of the difficulties faced by tax advisors – and the tensions which arise in giving legitimate tax advice and promoting. These tensions are not only apparent with the traditional protagonists (ATO/Taxpayer/advisor) but extend to the law makers, including elements of the judiciary.

What new or hot topics will you cover?

The case of Ludekins has been to the Federal Court; Full Federal Court and is on its way to the High Court.

We are going to look at the competing judgments in the Federal court and see what might likely happen in the High court. I am going to analyse what the judges have said historically (both here and in the UK) around an advisors duty to clients in revenue matters. I am going to examine the legislation to determine if the policy objective is achieved and particularly how the EM might have painted a different picture to the reality.

How will attending your session help delegates help their clients?

This session will enable delegates to not only help their clients but also themselves in how they give advice and provide assistance with the implementation of that advice. It should help to give some insight into the large "grey" area of what is considered advice/promotion.

Which other sessions at the conference are you most interested in attending?

The session on part IVA is something which I find particularly interesting. It is an area which is still being explored and which is going to involve a lot of work to get around going forward.

What do you like to do when you’re not knee-deep in tax?

Swimming and bike riding are my major pursuits exercise wise. I am an avid reader and like spending time reading fiction or watching movies.

I also enjoy spending time with friends, at a local bar or BBQ at home.

We are now in our 4th year, and this Queensland signature event is only getting better and better. Join us on the Gold Coast, at the beautiful Palazzo Versace Hotel for the 2014 Private Business Tax Retreat.

Find out more about the conference and register now.


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