Dioni is a Partner and lawyer at Ernst & Young specialising in tax advisory and tax controversy matters. She acts for a wide range of clients across a range of income tax issues, most recently including transfer pricing, capital/revenue issues, R&D and Part IVA. She has significant experience in negotiating with the ATO, other regulators and various stakeholders, and has advised a number of clients in resolving and settling their disputes with the Commissioner. She has run a number of cases at first instance and on appeal in the Federal Court of Australia, the High Court of Australia and the Administrative Appeals Tribunal and advised clients on the Part IVC process and related debt recovery proceedings, legal professional privilege, FOI issues and the gathering of evidence for litigation.
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.