Structuring outbound infrastructure investment – 2018 National Infrastructure Conference

Outbound investment has become an increasingly important
pillar in Australia’s economic growth, and equally an increasing focus for
investors large and small.
Growing protectionist mindsets taking hold internationally among some of
our largest recipients of outbound investment, combined with a complex domestic
regulatory setting, mean that what should be a fairly straightforward practice is
becoming somewhat fraught.
At May’s National
Infrastructure Conference
, Edward Consett, ATI (EY) will present a session on ‘Outbound infrastructure investment – key issues in structuring outbound investments’.

spoke with Edward about some of the issues facing investors and their advisers.

“Australia’s high infrastructure asset prices, strong
dollar and the continued growth of domestic funds available for investment mean
that Australian investors are being increasingly encouraged to seek
infrastructure opportunities offshore," Edward said.
Edward Consett, ATI

"In my session, I intend to help delegates
make sensible comparisons of the potential tax-related outcomes arising from
available opportunities, while also providing details of alternative revenue
authority approaches seen overseas.

“Stepping through the key decisions and implications for
Australian investors looking at foreign infrastructure assets should equip
delegates with a strong understanding of the key principles, relevant to
infrastructure, that underpin Australia’s outbound tax system, helping them
make and communicate sensible structuring decisions.”
Covering common offshore infrastructure investment
structures and their consequences for Australian investors, Edward’s session
will also look at domestic considerations, the concessions and the penalties
applicable to Australian infrastructure investors, the approaches of various
overseas revenue authorities, and related practical issues.
“In theory, investing offshore from Australia should be
relatively straightforward. However, our mismatch of historic and recent
legislative regimes, overlayed with existing case law and ATO practice, means
that unexpected tax risks can hide within otherwise straightforward investment
As a Director in EY’s Transaction Tax team, Edward advises
project originators, financiers and funds on the structure of domestic and
offshore infrastructure investments. He is a member of The Tax Institute and
Chartered Accountants Australia & New Zealand, a Solicitor of the
Supreme Court of Victoria and a lecturer at the University of Melbourne.
This year’s conference program will also cover social PPPs, anti-avoidance
rule application, financing principles, and valuations. It will also include a focus on
economic infrastructure and trusts. Christopher Voyce from Macquarie Capital
and Jeremy Hirschhorn from the ATO will deliver keynote addresses.
The 2018 National Infrastructure Conference will takes place on 17-18 May in Melbourne. Find out more about the program on our


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