Greenwoods & Herbert Smith Freehills
David is a Partner at Greenwoods & Herbert Smith Freehills and is the national leader of their transfer pricing practice. David has over 30 years of transfer pricing and international tax experience and previously worked in a Big 4 firm in their Perth, Melbourne and Chicago offices. David has experience in advising multinationals on a broad range of transactions and industries but has particular expertise in the Energy & Natural Resources sector and their common cross border transactions of finance, sales of commodities, sharing of intellectual property, and services. David has assisted clients with various ATO interactions including ruling requests, reviews, audits, and providing support for tax and transfer pricing litigation. He has also assisted clients in negotiating unilateral and bilateral Advanced Pricing Agreements. David provides income tax advice on a range of domestic and international transactions, including issues associated with debt funding, royalties, and tax consolidations.
Following the refusal of special leave in Glencore, the stage is set for a robust debate about when reconstruction or recharacterisation is appropriate under the transfer pricing rules in Australia. There continues to be uncertainty about when reconstruction may be enlivened and if so, how it should be carried out. Alternatively, in what circumstances can a transaction be recharacterised and what are the boundaries? There is still much left to be clarified by the Courts on these matters. This session will revisit and consider the relevant provisions in Division 815, the OECD Guidelines and recent Court decisions which focus on these issues.