Tax Fundamentals for Commercial Lawyers & In-House Counsel
Build a solid foundation for dealing with the most important tax issues commonly faced by commercial lawyers and in-house counsel. Gain a practical and working understanding of how these issues arise & play out in practice so that you can spot the potential risks early on & respond appropriately and effectively before it’s too late to avoid serious tax problems. Explore the tax implications in business structures, business sales, shareholder agreements, tax losses, loans, tax adjustments and more. WEB219N12
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair: Valentina Stojanovska, Consultant, Sparke Helmore Lawyers; Chartered Tax Advisor; former General Counsel (ANZ), Chartered Accountants Australia and New Zealand
9.00am to 10.00am Structure Selection for Acquisitions and Disposals to Obtain the Best Tax Outcomes
- Acquisition structure: Company or trust?
- Tax and asset protection
- Funding the acquisition
- Using a super fund
- Access to small business CGT concessions
Presented by Ken Schurgott, Director – Solicitor, Schurgott & Co Lawyers; former National President of the Tax Institute & member of the Advisory Panel to the Board of Taxation and of the Working Group on Managed Investment Trusts
10.00am to 11.00am Tax Implications for Sale of Business: The Key Issues to Have on Your Radar
- Critical tax issues associated with the sale of a business
- Share sale vs asset sale: GST, stamp duty and income tax considerations
- Pre-sale dividends & earnout arrangements
- GST: supply of a going concern
- Stamp duty: pre-sale restructuring
- Purchase price allocation & adjustments
Presented by Sanjay Wavde, Partner – Tax Practice and Elke Bremner, Senior Associate – Tax Practice, Ashurst
11.00am to 11.10am Break
11.10am to 12.10pm Tax Issues and Shareholder Agreements
- Taxation issues to consider when drafting a shareholder agreement
- CGT events: when they occur and how you have to plan for them
- Entry and exit strategies: key considerations in business succession and shareholder agreements
- Tax issues and shareholder dispute resolution settlements
- Examples of good and bad shareholder agreement drafting with respect to tax issues
Presented by Timothy Poli, Director, Kings Park Legal; Associate of the Tax Institute of Australia & 2016 Emerging Tax Star
12.10pm to 1.10pm Answers to 5 Common Questions on Commercial Tax Issues
- Can I claim tax losses incurred in previous years for tax?
- What are the issues around shareholder loans and unpaid present entitlements?
- What tax risks do I take on when I become a director?
- Do I have a GST adjustment and why?
- How will land tax affect my business?
Presented by Suzie Boulous, Partner, Brown Wright Stein Lawyers; Chartered Tax Advisor
Presenters
Valentina Stojanovska Cal, Consultant, Sparke Helmore Lawyers and Principal, Black Book Legal
Valentina has more than 21 years' experience as a corporate, commercial and tax lawyer, and is admitted as a solicitor and barrister in Australia and New Zealand. She primarily advises multinational corporate entities on a range of corporate and commercial matters, structures, transactions, mergers and acquisitions, litigation and intellectual property matters, and on taxation law (Chartered Tax Advisor).
Ken Schurgott, Director – Solicitor, Schurgott & Co Lawyers
Ken Schurgott is a Solicitor - Director of Schurgott & Co Lawyers specialising in taxation matters (including State Taxes, stamp duty, payroll tax and land tax) and with extensive experience in business structuring, business sales and acquisitions, asset protection, succession planning and trust and estate law. Ken is very experienced in tax dispute matters, negotiations for settlements, mediations and conciliations and litigation. He regularly appears before the AAT and NCAT and instructs counsel in matters before the Courts.
Sanjay Wavde, Partner – Tax Practice, Ashurst
Sanjay Wavde is a Partner in the Sydney Tax practice at Ashurst, advising on income tax matters, with a particular focus on funds management, mergers and acquisitions, and infrastructure transactions. He provides practical and strategic advice on a wide range of complex tax issues. His expertise includes advising on tax disputes, tax due diligence and structuring, and advising on tax-related transaction documentation issues. Sanjay has significant international experience. He has a Master of Laws in Taxation from New York University School of Law, is also admitted as an attorney in New York, and has practised taxation law in both Australia and the United States. He is a Chartered Tax Adviser of the Tax Institute and the Sydney Chair of the Taxation Committee of the Law Council of Australia.
Elke Bremner, Senior Associate – Tax Practice, Ashurst
Elke is a Senior Associate in the Sydney Tax practice at Ashurst and has over 10 years' experience in advising on indirect tax matters, with a special focus on GST and stamp duty as well as land tax and other State based taxes. She has extensive experience advising on a broad range of GST and State tax issues in respect of real estate and infrastructure projects, mergers and acquisitions, takeovers, foreign investment, restructuring and insolvency arrangements and litigation settlements. Elke is a Fellow of the Tax Institute of Australia and a member of the Property Council of Australia's Indirect Tax Committee.
Timothy Poli, Director, Kings Park Legal
Tim is an experienced tax lawyer who provides advice regarding all Commonwealth and State taxes, ATO audits, tax litigation, estate planning, superannuation, trust law and tax and/or commercial crime. His clients range from individuals through to listed public companies. He represents and appears for clients in the Administrative Appeals Tribunal and all State and Federal courts across a variety of matters from Part IVC tax proceedings to tax prosecution matters. Tim has a Bachelor of Laws and is admitted as a barrister and solicitor of the Supreme Court of Western Australia and the High Court of Australia.
Suzie Boulous, Partner, Brown Wright Stein Lawyers
Suzie Boulous is a partner at Brown Wright Stein Lawyers and is a Chartered Tax Adviser (CTA). For over 13 years, Suzie has acted on various commercial matters for small to medium sized businesses and high net worth individuals, specialising in estate planning, tax, asset protection and restructuring. Suzie has also acted on litigious matters in relation to Project Wickenby