Australia’s increasingly globalised workforce sees individual taxpayer’s
arrangements becoming more and more complicated. It has never been more
important for advisors to be across changes to international tax law.
arrangements becoming more and more complicated. It has never been more
important for advisors to be across changes to international tax law.
We spoke with Neil Brydges, CTA, Sladen Legal and Daniel
Diaz, FTI, Victorian Bar, ahead of their presentations at the Victorian
International
Tax Day on Thursday 8 August 2019.
Diaz, FTI, Victorian Bar, ahead of their presentations at the Victorian
International
Tax Day on Thursday 8 August 2019.
About Neil
Initially joining The Tax Institute in 2007 whilst undertaking a
Foundation course, Neil went on to become a Chartered Tax Advisor in 2012. Neil
is now a Principal Lawyer in Sladen Legal’s tax group, with a focus on advice
and disputes. Neil practises in all areas of direct and indirect tax, primarily
on the taxation of trusts, corporate tax, mergers and acquisitions,
international tax, and Division 7A. His client mix includes family groups as
well as business enterprises.
Foundation course, Neil went on to become a Chartered Tax Advisor in 2012. Neil
is now a Principal Lawyer in Sladen Legal’s tax group, with a focus on advice
and disputes. Neil practises in all areas of direct and indirect tax, primarily
on the taxation of trusts, corporate tax, mergers and acquisitions,
international tax, and Division 7A. His client mix includes family groups as
well as business enterprises.
Following the Board of Taxation’s review on rules for tax
residence of individuals, in September 2018, Neil’s presentation will highlight
the issues that impact an individual’s tax residency.
residence of individuals, in September 2018, Neil’s presentation will highlight
the issues that impact an individual’s tax residency.
Neil described Australia as being “the new black” due to constant
and increasing international migration.
and increasing international migration.
“Knowledge of the law and administration of individual
residency is becoming a ‘tax 101’ for advisors” he says.
residency is becoming a ‘tax 101’ for advisors” he says.
We asked Neil what delegates would take-away from his session?
“An overview of the law as it currently stands.” and an
understanding of the “difficulties for taxpayers in applying the law, what they
can do about it, and why the law is in need of reform.”
understanding of the “difficulties for taxpayers in applying the law, what they
can do about it, and why the law is in need of reform.”
And what are the blind spots?
Neil says “the difficulty of the rules and particularly the
evidentiary requirements for taxpayers to discharge their onus of proof.”
evidentiary requirements for taxpayers to discharge their onus of proof.”
About Daniel
Daniel Diaz, FTI, is a barrister at the
Victorian Bar. He practises in taxation law with a focus on corporate
residency. Daniel acts for public companies, private companies,
individuals and the Commissioner in matters concerning the application of
income tax, GST and state taxation laws. He also works with complex factual
circumstances concerning issues such as individual and corporate residency,
capital/revenue distinctions and transfer pricing.
Victorian Bar. He practises in taxation law with a focus on corporate
residency. Daniel acts for public companies, private companies,
individuals and the Commissioner in matters concerning the application of
income tax, GST and state taxation laws. He also works with complex factual
circumstances concerning issues such as individual and corporate residency,
capital/revenue distinctions and transfer pricing.
The High Court’s decision in Bywater
Investments Limited resulted in a substantial change in understanding as to
when a foreign incorporated company will be regarded as an Australian resident.
Investments Limited resulted in a substantial change in understanding as to
when a foreign incorporated company will be regarded as an Australian resident.
Daniel will provide delegates with a concise
summary of the law as it currently stands as well as covering the practical
issues that may arise for taxpayers around establishing whether or not a
corporate entity is a resident.
summary of the law as it currently stands as well as covering the practical
issues that may arise for taxpayers around establishing whether or not a
corporate entity is a resident.
“Residency is important because it can
fundamentally alter the basis on which an entity pays tax” says Daniel.
fundamentally alter the basis on which an entity pays tax” says Daniel.
“It is also important in relation to other
legislative regimes, such as the consolidation provisions” he continues.
legislative regimes, such as the consolidation provisions” he continues.
What to look out for
Daniel says “the blind spot in this area is in
relation to the application to the ATO’s PCG and in particular how some of the concepts
set out in that document may play out ‘on the ground’ and in practice.”
relation to the application to the ATO’s PCG and in particular how some of the concepts
set out in that document may play out ‘on the ground’ and in practice.”
Our new, national
approach to this increasingly important area delivers the
localised focus this complex area requires. What’s more, registering for International
Tax Day also gives you access to the technical papers
presented at every event in the series – an invaluable, practical knowledge and
reference resource.
approach to this increasingly important area delivers the
localised focus this complex area requires. What’s more, registering for International
Tax Day also gives you access to the technical papers
presented at every event in the series – an invaluable, practical knowledge and
reference resource.
