Mathew said “Advisers in this space sometimes have too overt
a focus on the technical outcomes and issues and an inability to distinguish
between these technical issues and what actually really matters. Just because
you have a technical issue, doesn’t mean you necessarily have a practical issue
or an issue that can’t be managed relatively simply.”
Generally, Australian taxpayers establishing activities
overseas do so in one of two ways – either a local company or a branch of an
Australian or interposed company (i.e. a permanent establishment (PE)). The
focus of Mathew’s session and the paper he will present is to provide an
overview of the key Australian tax issues and current developments for each of
these options, and highlight issues which may be relevant to a potential
outbound investment by Australian businesses.
This session will focus on the key tax issues associated
with both structures. Mathew will cover some core issues and concepts around
foreign subsidiaries and tax residency, including tax residency and
implications of Australian tax residency, recent developments in cases and current
ATO review, as well as the impact of tax treaties.
He will then look at foreign branches and PE under
Australian tax law, tax treaties and OECD principles, the impact of the OECD
BEPS project, including the proposed multilateral instrument.
Finally, he will look at the issues in choosing which of the
two options to use.
Mathew’s session is one of seven in the Convention’s
dedicated corporate stream, with the session
‘The Post-BEPS World – Lessons
Learned’ by Mathew Popham, CTA, (KPMG) also taking place on day one of the
two-day program.
Other sessions look at the R&D tax incentive, capital
management and restructuring, tax issues for start-ups raising funds, and
related party financing.
This year’s Convention Keynote Address comes from The Hon.
Justice Davies (Federal Court), and the program opens with an interview-style
session with the Second Commissioner, Neil Olesen (ATO).
Join us at Crown Perth, 16–17 August 2018 for 51st Western
Australia State Convention. Find out more
on our website.