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, shareholder agreements and more. WEB229N62
Register your interest now!
Description
Attend and earn 3.5 CPD units including:
3 units in Substantive Law
0.5 unit in Professional Skills
This program is applicable to practitioners from all States & Territories
Chair: Valentina Stojanovska Cal, Consultant Sparke Helmore Lawyers
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Everyday Issues Concerning Trusts and Tax
- Reviewing and amending trust deeds
- Do you have the power?
- Trust restructuring and tax
- Rectification and other Court applications
- Trusts: advantageous dealings and approval of arrangements
Presented by Denis Barlin, Barrister, Thirteen Wentworth Selborne
9.50am to 10.35am Business Structure Selection to Obtain the Best Tax Outcome
- Types of different business structures
- The right way to decide on the best structure
- Ownership v control
- Responsibility of each structure: tax consequences, asset protection, costs
Presented by Dung Lam, Principal, West Garbutt
10.35am to 10.50am Morning Tea
10.50am to 11.35am Tax Issues in Shareholder Agreements
- Duty Laws: Amendments and their implications
- Capital Gains Tax issues
- Survivorship arrangements: buy-sell arrangements on death or permanent disability of a shareholder
- Voting rights of shareholders in the event of certain circumstances occurring
- Options to acquire or rights to redeem the shares of a shareholder
Presented by David Marks KC, Barrister-at-Law, Inns of Court
11.35am to 12.20pm Tax Update: What’s New? What’s Changed? What to Expect?
- Case law update: Commissioner of Taxation v Carter (2022) HCA 10 (Carter Case)
- 2022/2023 Federal Budget Update: Will it affect businesses
- Draft Guidance on Section 100A ITAA 1936: Implications
- Post-election changes
Presented by Christopher Kinsella, Partner, Holding Redlich
Professional Skills
12.20pm to 1.05pm Tax Due Diligence
Presented by Stuart Le Cornu, Partner, Fordham Group
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Presenters
Valentina Stojanovska Cal
Valentina Stojanovska has more than 20 years' experience as a corporate, commercial and tax lawyer, is admitted as a solicitor and barrister in Australia and New Zealand and is a Chartered Tax Advisor (CTA). She primarily advises multinational corporate entities, trusts and high net worth individuals on a range of tax matters, corporate and commercial matters, structures, transactions, mergers and acquisitions, litigation and intellectual property matters. Valentina is currently the Principal of Black Book Legal and is General Counsel for Love To Dream. Valentina was the National Manager for Tax, Superannuation and Financial Services, and General Counsel (Australia and New Zealand) for Chartered Accountants Australia & New Zealand (CAANZ), where she worked for 7 years, and prior to that worked for firms Minter Ellison, Corrs and Phillips Fox. She currently holds various board positions including as Chairman on the board of listed investment company WCM Global Growth Ltd, and Director of Black Book Management Pty Ltd and the Charlie Teo Foundation. She is also an Ambassador for the GWS GIANTS, an Executive Patron of the Taronga Zoo and Ambassador of The Australian Ballet, where she also sits on their Ambassador Board.
Denis Barlin
With a particular focus on the SME market, Denis Barlin advises on all aspects of revenue laws, including income tax, CGT, GST and State taxes generally - including stamp duties and land tax. As well as taxation, Denis provides advice on trust law matters generally and superannuation. Denis is a regular speaker for professional associations including the TIA and has been a regular contributor to a number of professional journals.
Dung Lam
Dung is a qualified lawyer based in Sydney. Dung has two decades of experience in advising on a wide variety of taxes including income tax, capital gains tax, GST and NSW state taxes such as duty, payroll tax and land tax. Dung also has extensive experience advising on the taxation trusts, superannuation issues in the self-managed superannuation funds arena and tax issues related to estate planning. Dung provides clients with tax legal services and solutions. She works with clients and their advisers to devise tax effective strategies to undertake acquisitions and disposals of assets and businesses, business restructures, domestic and international business expansions, and business and personal succession planning. Dung also acts for clients in negotiations and disputes with Australian revenue authorities. She has managed ruling applications, tax risk reviews, tax audits, tax objections, voluntary disclosures, tax litigation and tax debt negotiations. Clients whom Dung has assisted include corporates, high-net wealth individuals and families, and their advisers. Dung regularly presents on tax and superannuation matters to accounting and tax discussion groups and recognised bodies such as the Tax Institute, Legalwise and the Television Education Network. Dung is a Chartered Tax Adviser, Accredited Specialist in Personal and Business Tax with the NSW Law Society, a full member of the Society of Trusts and Estates Practitioners, member of the Taxation Committee of the Business Law Section of the Law Council and a member of the NSW Law Society’s Liaison Committee with Revenue NSW.
David Marks KC
David is a commercial silk principally with interests in tax and revenue law as well as an established general Chancery practice. David also regularly appears for parties in commercial and administrative law disputes involving issues ranging from commercial contracts to professional negligence; and company disputes to reviewing tax posture of large corporations. David also appears in private client matters, about trusts and estates. David has increasingly been involved in professional conduct matters, principally as a member of STEP’s disciplinary panel. While chambers are in Brisbane, Australia he accepts instructions to appear and acts for clients in all Australian jurisdictions. Prior to being called to the Bar, David worked at a solicitors’ firm for 10 years in the area of tax law. David was called to the private Bar in 2000 and took silk in 2015. David has developed a particular practice in accepting instructions for opinion briefs from accountants who are members of the major professional associations.
Christopher Kinsella
Chris Kinsella is recognised as one of Australia’s leading tax lawyers and has provided strategic tax advice to corporations, boards, business owners and the ATO for over 35 years. Chris has a focus on tax risk and with managing tax audits and disputes with the Commissioner of Taxation. Chris has acted both for and against the Commissioner. Chris is accredited as a specialist in dispute resolution with the Law Society of New South Wales. Chris has been a member of the Number One Tax Discussion Group for many years and is currently its chairman. Chris has been recognised as a Leading Individual for Taxation in Australia in Chambers Asia-Pacific since 2014 and has been listed in The Best Lawyers in Australia as a leading lawyer for taxation and for alternative dispute resolution since 2014. Chris has also been listed in Who’s Who Legal: Australia in Corporate Tax: Controversy since 2019 and Euromoney’s International Tax Review in the Tax Controversy Leaders Guide for Australia since 2015. Chris is active in volunteer community work and not-for-profit initiatives including having being a non-executive director of Lifeline Harbour to Hawkesbury since 2013 and a Vinnies CEO Sleepout Ambassador since 2013.
Stuart Le Cornu
Having worked in tax and accounting since 1997, Stuart has a wealth of experience helping business owners achieve their financial, business and personal goals. Stuart assists companies to meet their objectives with strategic planning, including financial and taxation planning. He particularly relishes the challenge of helping clients manage their complex lives. This includes interpreting the intricacies of international tax, foreign controlled entities, resident and non-resident trusts, and large public and private companies. As one of our tax advisory specialists, Stuart is an expert in all taxation matters. His approach to tax planning includes a thorough review of existing structures, interrelationships between entities, location of assets, liabilities and IP, history, capital gains cost bases, loan accounts, previous tax strategies and future plans. He regularly presents at Tax Institute seminars in matters such as the taxation of trusts, Division 7A and small business Capital Gains Tax matters.