Australian Taxation Office
Fiona is the Chief Tax Counsel at the ATO. In this role, Fiona leads the resolution of the ATO’s most significant tax technical issues. Working predominantly in technical roles prior to this, Fiona has helped shape the strategic direction of the ATO’s Public Advice and Guidance, was a longstanding member of the ATO’s Public Ruling Panel and a member of the ATO’s General anti-avoidance rule Panel; as well as spending a number of years in private practice. For almost two years prior to her promotion to Deputy Commissioner Tax Counsel Network, Fiona served as Minister-Counsellor (Taxation) in the Australian delegation to the OECD based in Paris. In that role, she chaired the Joint International Taskforce on Information Sharing and Collaboration (JITSIC) on behalf of the Commissioner and represented Australia in other OECD taxation initiatives. Fiona is an admitted Australian legal tax practitioner and holds a Bachelor of Commerce, Bachelor of Laws with Honours and a Masters of Taxation. Earlier this year, in its recognition of 100 years of woman in tax, IFA named Fiona in its 68 leading woman in international tax globally.
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.