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Corporate law developments
Welcome to our monthly snapshot of regulatory updates and other developments in corporate law We know you are busy so our focus is on capturing key issues ...
Resource Capital Fund IV LP: what's all the fuss about? Foreign partnerships and liability to Australian tax
The Federal Court has concluded that the profit made on disposal of shares in an Australian mining company by a private equity fund formed as a Cayman Islands Limited Partnership was not subject to Australian tax ...
Exposure Draft to implement tax integrity package for stapled structures released
Treasury has released the first of several tranches of exposure draft legislation to implement the Federal Governments tax integrity package for stapled structures and broader tax concessions currently available to certain foreign investors The draft legislation sets out the requirements that ...
Managed investment trusts exposure draft legislation: impacts on funds management industry
Exposure draft legislation to implement the long-awaited changes to the tax regime for managed investment trusts has been released The amendments are lengthy and complicated and will require systems changes and careful review of trust deeds and constitutions Although the new regime will apply ...
Taxing diverted profits
At the recent G20 meeting in Washington Treasurer Joe Hockey announced the establishment of a working group between Australia and the UK to develop initiatives to address so-called diverted profits involving multinational enterprises What are the implications for multinationals doing business in ...
Australia's new Multinational Anti-avoidance Law moves ahead of OECD consensus
The Government has announced as part of the Budget that it will introduce a new multinational anti-avoidance law into Part IVA of the Income Tax Assessment Act 1936 The new law will apply to tax benefits obtained on or after 1 January 2016 It is aimed at 30 identified multinationals with Australian ...
Victorian property tax surcharge on foreign purchasers and absentee landowners
The Victorian Government has introduced legislation to impose a 3 per cent stamp duty surcharge on foreign purchasers of residential land and a 05 per cent land tax surcharge on absentee owners of both residential and other land The proposed legislation is very broad and applies to both direct and ...
Withholding tax on the sale of Australian property by foreign residents exposure draft legislation released
Exposure draft legislation implementing the Federal Governments promise to introduce a 10 per cent non-final withholding tax on purchasers of certain types of taxable Australian property by foreign residents has been released for review and comment Partner Charles Armitage and Associate Scott Lang ...
Positive guidance on negative control?
Draft guidance targeting the infrastructure industry particularly in the context of stapled property trust and operating company structures frequently used in infrastructure projects has been released Partner Charles Armitage Managing Associate Judith Taylor and Lawyer David Lewis report ...
Federal Court judgment in the Chevron transfer pricing case
The Federal Courts much-anticipated judgment in emChevron Australia Holdings v Commissioner of Taxationem is the next important step in the development of Australias transfer pricing rules Partners Martin Fry and Toby Knight discuss certain implications of the decision ...