Program

Technical Program

The Tax Summit: Challenge Accepted program features some of Australia most influential thinkers and visionary leaders.

Our line-up of Keynote speakers will delve into issues brought up by COVID-19, going beyond the technical. From understanding client needs in a digital world, to insights on the rapid evolution of new technologies, through to making space for collaboration, adaptability and wellness, learn how to think for a redesigned professional environment.

We’ve put together a thought-provoking, knowledge-rich program spanning 9 content streams which has been designed for all of those working in tax.

9:00 am - 9:15 am

Registration

Welcome to The Tax Summit: Challenge Accepted. To get started, log in to the dedicated Tax Summit Delegate Portal and prepare for the first day of content.

9:15 am - 9:30 am

Opening address

9:30 am - 10:30 am Keynote

Session 1: Recharge on the run

Dr Fraser has proven you can strengthen your wellbeing and performance whilst still working at speed, and it’s a habit that you can implement.
His session will provide the tools needed to be able to manage peak performance, run a busy successful practice and at the same time balance your own, and that of your teams, health and wellbeing.

Dr Adam Fraser Dr Adam Fraser Human performance researcher and consultant
10:30 am - 11:00 am

Morning tea

11:00 am - 12:00 pm COVID-19 Stream

Session 2: Unique COVID Employment Tax issues

COVID-19 has altered the way we work, possibly forever. To support employees, many employers have provided support to work from home wherever that may be. This raises a number of unique tax obligations for employers. This session will explore FBT and other tax implications of:

  • Provision of home office equipment as loan or gift
  • Payment of health care and quarantine costs or charter flights
  • Change in benefit profiles (eg car use)
  • Budget announcements, reskilling employees and the car parking threshold adjustment and
  • Displaced interstate or international employees, including payroll tax and additional costs or change of LAFHA arrangements.

Stacey Biggar Stacey Biggar KPMG
Hayley Lock Hayley Lock KPMG
12:00 pm - 12:30 pm

Lunch

12:30 pm - 1:30 pm COVID-19 Stream

Session 3: International transactions

The COVID pandemic has impacted international business in a myriad of ways, both expected and unexpected.  This session will focus on a number of material international tax issues and outcomes associated with the pandemic, including:

  • The ATO’s approach to international tax issues, including tax residency, permanent establishments and transfer pricing
  • The escalation of on-line and “remote” international business
  • Global groups accessing Australian COVID measures such as JobKeeper and loss carryback
  • Impact on the OECD BEPS initiative, including the new MLI treaty model and BEPS 2.0 and
  • Approaches to tax payment and lodgement obligations.

Mat Chamberlain, CTA Mat Chamberlain, CTA EY
1:30 pm - 2:30 pm COVID-19 Stream

Session 4: Tax write offs versus accounting write offs in an instant asset write off world

This session will address:

  • High-level examples of tax-write offs versus accounting write-offs
  • What happens when the timing difference takes place?
  • Current year impacts in relation to trust - distributable and taxable income
  • Current year impacts to companies – dividends and franking accounts and
  • Commercial implications – matching tax and accounting treatment – how financiers look at financial statements.

Stuart Glasgow, CTA Stuart Glasgow, CTA HID Accountants
2:30 pm - 3:00 pm

Afternoon tea

3:00 pm - 4:00 pm Keynote

Session 5: The new now

The COVID-inspired shifts in client habits and expectations are here to stay.
The session will discuss the key ways artificial intelligence and machine learning technology have accelerated rapidly during the pandemic and how this offers exciting new possibilities for those that are prepared.
It will also discuss how to foster engagement, collaboration and culture when leading remote and hybrid teams.

Michael McQueen Michael McQueen Michael McQueen Multi-award winning speaker, trend forecaster and bestselling author
4:00 pm - 5:00 pm

Online Networking Event

Take this opportunity to connect with fellow delegates and presenters all tuning in from across the country.

9:15 am - 9:30 am

Opening address

9:30 am - 10:30 am Engaging Workers Stream

Session 6.1: Employee v contractor – when is it still important?

An understanding of the general legal position on the difference between employees and contractors is important when dealing with specific legislative requirements. This session will consider the current state of play in general law including:

  • The difference between an employee and a contractor
  • Recent developments in industrial law such as the new casual employee definition and emerging issues with the sharing/gig economy
  • Key risks and obligations including those for small business employers and
  • What the courts have said in key cases such as Gupta v Portier, Kloger v Foodora and the Deliveroo unfair dismissal case.

Matthew McKee, FTI Matthew McKee, FTI Brown Wright Stein Lawyers
9:30 am - 10:30 am Professional Practice Stream

Session 6.2: Technology and taxation

If there is one thing that COVID-19 taught us, it is the extent that we rely on technology. This coupled with the ever-increasing demand for delivery by clients, technology is one aspect of practice that is front of mind.

This session will consider:

  • Technology that exists or is being developed to assist with process improvement (and issues it might cause) for tax practitioners and
  • Executing tax specific documentation in the electronic world (including that eSigning and the Electronic Transactions Act) and how that might apply to documents a tax practitioner considers on a regular basis.

10:30 am - 11:00 am

Morning tea

11:00 am - 12:00 pm Engaging Workers Stream

Session 7.1: Structuring contractor arrangements

This session discusses structuring contractor arrangements, having regard to key cases including:

  • Optical Superstore
  • Homefront Nursing
  • CCSR v Downer
  • Dental Corp v Moffet

Adrian Varrasso, ATI Adrian Varrasso, ATI MinterEllison
11:00 am - 12:00 pm Professional Practice Stream

Session 7.2: Tax Practitioner Board activity

12:00 pm - 1:00 pm Engaging Workers Stream

Session 8.1: Tax management of worker costs

Understanding how to manage additional employment tax costs can have a great impact on an organisation. This session will focus on the range of taxes and reporting requirements and how they may apply including:

  • Summary of remuneration taxes – what needs to be “managed” and what is “manageable”
  • How do different revenue laws (eg income tax, superannuation, payroll tax) alter or extend the meaning of “employee” or otherwise tax payments to contractors?
  • What other requirements apply?
  • Trigger points and thresholds
  • Risk points for directors of employer companies
  • Potential concessions and approaches to mitigate exposure and
  • Issues on the horizon.

George Bendall George Bendall Grant Thornton
12:00 pm - 1:00 pm Professional Practice Stream

Session 8.2: How to structure Professional Practices

This session will explore the question of how to structure professional practices, including:

  • Details of new guidelines (including “before” and “after” shot) and how to address issues of uncertainty
  • What the broader professional practices framework now looks like, including consideration of final PCG, service trust guidelines and personal services income and
  • How to structure professional practices.

Corey Beat, CTA Corey Beat, CTA Crowe Australasia
1:00 pm - 1:30 pm

Lunch

1:30 pm - 2:30 pm Workshops Stream

Session 9: Residency – Individuals: Part 1

The question of residency has always been problematic and following the changes to Section 23AG in 2009, it has only become an even more contentious battleground between taxpayers and the Commissioner. The never-ending progression of new cases before our tribunals and courts, and the 2019 “Reforming individual tax residency rules — a model for modernisation” report to Government by the Board of Taxation, highlight the complexity and that comes with one of the fundamental pillars of our taxation system in Australia.

 

This session will go through real life case studies covering a range of issues associated with determining individual residency, including:

  • Both inbound and outbound arrangements;
  • Importance of family and the family home;
  • Impact and application of Australia’s double taxation agreements;
  • Proposed Board of Taxation model for determining residence (or draft legislation if released); and
  • Temporary residents.

Please note that the session will not deal with the tax implications of becoming or ceasing to be Australian tax resident.

Fletch Heinemann, CTA Fletch Heinemann, CTA Cooper Grace Ward Lawyers
Clint Harding, CTA Clint Harding, CTA Arnold Bloch Leibler
2:30 pm - 3:30 pm

Afternoon tea

3:00 pm - 4:00 pm Workshops Stream

Session 10: Residency – Part 2: Individuals

After an in-depth discussion on Residency in Part 1, this session will continue to build on the issues and case scenarios presented from a practical level.

Neil Brydges, CTA Neil Brydges, CTA Sladen Legal
Leanne Connor, CTA Leanne Connor, CTA WGC Business Advisors
4:00 pm - 5:00 pm

Online Networking Event - Virtual Wine Tasting

8:00 am - 9:00 am

Registration

9:00 am - 9:15 am

Tax Summit opening address

9:15 am - 9:45 am Keynote

Session 11: Official welcome to the MCEC and Tax Summit 2021

A visionary message from a visionary leader, we officially welcome you to The Tax Summit.

The Hon. Jeff Kennett AC The Hon. Jeff Kennett AC Visionary leader and former Premier of Victoria
9:45 am - 10:30 am Keynote

Session 12: Justice Hill Memorial lecture

In the time of COVID-19 and discussions on the suitability of our national and international tax system to face the challenges ahead, this lecture will address tax reform.

Dr Julianne Jaques QC, CTA Dr Julianne Jaques QC, CTA Barrister specialising in tax and 2020 Chartered Tax Adviser of the Year
10:30 am - 11:00 am

Morning tea

11:00 am - 12:00 pm SME Stream

Session 13.1: Mr Spock’s guide to Division 7A – XC ZB CA ZD RB

Many of the frontiers of Division 7A will not be addressed by proposed legislative amendments.  It is a continuing mission for tax advisers to explore the client's circumstances to discover and address Division 7A risks - to boldly go where no one has gone before. This presentation will discuss:

  • Division 7A exposures of Australian expats and immigrants with “interests” in offshore entities
  • Practical measures for managing non-compliance risks in your practice
  • Identifying and using the Commissioner's wide-ranging Division 7A discretions and reviewing the decisions
  • Avoiding double taxation – using actual dividends to address an earlier deemed dividend

Ron Jorgensen, CTA Ron Jorgensen, CTA Thomson Geer Lawyers
11:00 am - 12:00 pm Corporate Stream

Session 13.2: 40 years of Part IVA – a mid-term scorecard

This year marks the 40th anniversary of the introduction of Part IVA. Then Treasurer, the Hon John Howard, said in his second reading speech that the Government’s twin objectives were to obtain an effective anti-avoidance section but a section which does not at the same time get in the way of ordinary or normal family and commercial dealings. This midterm review will examine the development of Part IVA and ask:

  • Has it achieved the Government’s original objectives?
  • Is it still fit for purpose? and
  • What does its future look like?

Eugene Wheelahan QC, CTA Eugene Wheelahan QC, CTA Victorian Bar
11:00 am - 12:00 pm Hot Topics Stream

Session 13.3: Legal Professional Privilege, the Accountant’s concession – recent cases and ATO activity

The doctrine of LPP protects taxpayers' fundamental right to full and frank disclosure with lawyers. It is a necessary doctrine to serve public interest and for the administration of justice.
Additionally, the Commissioner has granted an administrative concession that he will not seek access to certain accounting papers prepared by external accounting advisers (i.e. the Accountant's Concession).

This session will cover the following:

  • A discussion on the concept of LPP and the Accountant’s Concession, including the basis on which they can be relied upon, the differences in their application and how they may be waived
  • Recent cases concerning LPP
  • The ATO approach to the Accountant's Concession and LPP
  • The ATO audit approach to LPP and Accountant's Concession claims and the Taxpayer view and Resolving LPP disputes.

Mia Clarebrough Mia Clarebrough Victorian Bar
Louise Andolfatto Louise Andolfatto Australian Taxation Office
11:00 am - 12:00 pm Emerging Leaders Stream

Session 13.4: Are you dealing with a valid trust?

Discretionary trusts are often the preferred business and investment vehicle of advisers, but with the passage of time their validity sometimes falls into question.

This session will explore common trust problems including:

  • What is a valid trust?
  • Can the trustee appointor and beneficiary be the same person?
  • Lost trust deeds
  • Pros and cons of a corporate guardian or appointor
  • Vesting date issues and
  • Common advisor misconceptions.

Linda Tapiolas, CTA Linda Tapiolas, CTA Cooper Grace Ward Lawyers
12:00 pm - 1:00 pm SME Stream

Session 14.1: Risky Business – acting on behalf of clients and their entities

Advisers are often approached to act as director, trustee or executor of client entities. This session will consider the risks and professional obligations of accepting these appointments including:

  • Pros and cons of accepting a role
  • Motivation of the various parties
  • Risks of completing standard online documents
  • Potential for conflicts of interest to arise
  • Should you accept the appointment?

Loreena Gillon, CTA Loreena Gillon, CTA Arithmos Chartered Accountants
12:00 pm - 1:00 pm Corporate Stream

Session 14.2: Reconstruction or recharacterisation under transfer pricing – arguments for and against

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.

Dioni Perera, FTI Dioni Perera, FTI EY
Fiona Dillon, CTA Fiona Dillon, CTA Australian Taxation Office
David Bond, CTA David Bond, CTA Greenwoods & Herbert Smith Freehills
12:00 pm - 1:00 pm Hot Topics Stream

Session 14.3: The Division 328 threshold tests - more than small business gateways

This session will be a case study based workshop examination of the gateway tests to a bag of benefits, including:

  • Gateway to temporary full expensing, instant asset write off, loss carry back, JobKeeper and other similar benefits and
  • Applying the aggregated turnover test and the embedded connected entity and affiliate tests

Anna Wilson, FTI Anna Wilson, FTI
Andrew Brown, CTA Andrew Brown, CTA Deloitte
12:00 pm - 1:00 pm Emerging Leaders Stream

Session 14.4: Cost base issues

This session will delve into the various elements of cost base and discuss:

  • The family home, the holiday home and the share portfolio
  • Rollovers and their effect on cost base
  • Restructures and Division 615
  • Rollovers and Division 122-A
  • What evidence is required? and
  • Where to find the evidence you need?

Louise Hickman Louise Hickman Ipsum Advisors
1:00 pm - 2:00 pm

Lunch

2:00 pm - 3:00 pm SME Stream

Session 15.1: How much should I pay myself for what I do?

Can, and should, the Commissioner answer this question for you?

Nearly 80 years ago, the High Court observed that it was not the "function of income tax Acts or of those who administer them to dictate to taxpayers in what business they shall engage or how to run their business profitably or economically".

This session will explore whether this idea remains relevant today, with a particular focus on the Commissioner's latest "nudge" approach to tax administration and compliance in the area of the extraction of profits from professional service firms and other businesses. The panellists will consider:

  • Many provisions of the tax laws - e.g., transfer pricing, PSI rules, CGT market value substitution, NALI & NALE rules, the GAAR - produce fiscal consequences at odds with what actually happens but do the tax laws really dictate how businesses should be run by their owners, and how much profits they should extract?
  • Can, and does, the Commissioner dictate how taxpayers organise their affairs?
  • Is Draft PCG 2021/D2 the latest example of unacceptable dictation, or is the Commissioner doing precisely what he should doing?
  • Are the views in Draft PCG 2021/D2 badly expressed, or are they just bad?

Yina Tang, CTA Yina Tang, CTA Pitcher Partners
Paul Sokolowski, CTA Paul Sokolowski, CTA Arnold Bloch Leibler
2:00 pm - 3:00 pm Corporate Stream

Session 15.2: Current issues in consolidations

Despite being a part of the Australian tax landscape for close to two decades, there remain issues, opportunities and amendments in respect of the Australian income tax consolidation rules. This session will provide an update on the recent issues and legislative amendments affecting taxpayers including but not limited to:

  • Taxpayer Alerts concerning MECs
  • Impacts of AASB16 and associated amendments
  • Deductible liabilities and more.

Adam Vassilief Adam Vassilief PwC
Ellen Thomas, ATI Ellen Thomas, ATI PwC
2:00 pm - 3:00 pm Hot Topics Stream

Session 15.3: Promoter penalties

It has been 15 years since the introduction of the promoter penalty regime. As the focus and ambit of the regime becomes clearer, the promoter penalty regime has become another weapon in the Commissioner's armoury for curtailing promoters of egregious schemes and for effecting change in the tax advisory landscape. The focus of the session will be on: 

  • Recent cases, including FCT v Bogiatto, FCT v Rowntree
  • The Courts’ approach to penalties – the factors and assessment
  • Is imprisonment a likely consequence for a convicted promoter? and
  • The Commissioners revised approach, including PSLA 2021/1.

Arthur Athanasiou, CTA (Life) Arthur Athanasiou, CTA (Life) Thomson Geer Lawyers
2:00 pm - 3:00 pm Emerging Leaders Stream

Session 15.4: Capital versus revenue – expansion of the basic principles

Over the last three years, a number of cases have dealt with the distinction between capital and revenue. This session covers the basic principles underpinning the distinction between capital and revenue expenditure and the extent to which the following cases expand upon the basic principles.

  • Demian Trust v FCT
  • Healius v FCT (HCA appeal dismissed)
  • Origin Energy
  • Mussali v FCT (appealed to Full Federal Court)
  • Sharpcan

Kathryn Bertram, FTI Kathryn Bertram, FTI Johnson Winter Slattery
3:00 pm - 3:30 pm

Afternoon tea

3:30 pm - 4:30 pm SME Stream

Session 16.1: SMSFs – current state of play

The SMSF landscape has evolved over the past few years with transfer balance cap and total super balance changes, not to mention case law on valid binding death benefit nominations. This session will discuss some of the consequences of recent super and SMSF announcements including:

  • COVID-19 concessions
  • Implications of Section 42 non-compliance notices
  • Changes to the bring forward periods
  • Carry-forward concessional contributions
  • Indexation of the non-concessional contributions thresholds
  • Withdrawal and re-contribution strategies – are they worth it? and
  • An overview of some recent cases.

Liz Westover, FTI Liz Westover, FTI Deloitte
3:30 pm - 4:30 pm Corporate Stream

Session 16.2: BEPS Pillars 1 and 2 – latest developments in to international tax reform

The Inclusive Framework on BEPS has been pursuing fundamental reforms to the international tax regime, including moving the international tax rules beyond their traditional reliance on physical presence (Pillar 1) as well as the introduction of a global minimum effective tax rate on multinational groups on a country-by-country basis (Pillar 2). These reforms could impact a broad range of inbound and outbound multinational groups in Australia, beyond highly-digitalised businesses.

As the Inclusive Framework on BEPS seeks to conclude a consensus-based agreement, hear from David Bradbury, the Head of the OECD’s Tax Policy and Statistics Division, on the journey to here, the key issues all multinational taxpayers should be aware of, and what Australian businesses should consider doing now to understand the potential impact on them of these new rules.

David Bradbury David Bradbury OECD
Mark Ryan Mark Ryan EY
3:30 pm - 4:30 pm Hot Topics Stream

Session 16.3: R&D over the last 12 months

There have been many developments in the R&D landscape in recent times – from the new law to areas of focus by the administrators of the scheme and the current Board of Taxation review. In this session, the panel will explore these issues and provide insights on where taxpayers are likely to continue to face scrutiny from AusIndustry and the ATO.

Mariana von Lucken, CTA Mariana von Lucken, CTA HLB Mann Judd
Brett Challans, ATI Brett Challans, ATI Australian Taxation Office
Kirsty Gowans Kirsty Gowans AusIndustry
3:30 pm - 4:30 pm Emerging Leaders Stream

Session 16.4: Building Trust with the ATO

Building trust with the ATO is critical to managing and avoiding tax disputes. This session will cover:

  • How to pro-actively engage with the ATO and build trust (early engagement)
  • Obtaining certainty in relation to filed positions
  • What to do when the ATO comes knocking
  • How to manage a dispute with the ATO
  • Key issues and challenges which may arise during the objection, litigation and settlement processes
  • How to positively influence your relationship with the ATO, including the role of evidence and contemporaneous documents and
  • Current trends in tax disputes.

Renae Ali Renae Ali Australian Taxation Office
Luke Imbriano, FTI Luke Imbriano, FTI Deloitte
Justin Byrne, CTA Justin Byrne, CTA Queensland Bar
Annemarie Wilmore Annemarie Wilmore KPMG Law
4:30 pm - 5:30 pm Keynote

Session 17: Q&A panel – how does reform help us recover?

Since the pandemic, the tax profession has been contending with a variety of issues both personally and professionally. This interactive Q&A session will explore our future regarding how we rebuild and recover.

We will address issues including tax reform, the current economy and the forecast for the next 12 months. We will also reflect on how we can innovate, rebuild and support each other, and our clients in dealing with the challenges that lie ahead.

Anjali Rao Anjali Rao Global MC and anchor of news and current affairs
Andrew Mills, CTA (Life) Andrew Mills, CTA (Life) The Tax Institute
Danielle Wood Danielle Wood CEO, Grattan Institute
The Hon. Jeff Kennett AC The Hon. Jeff Kennett AC Visionary leader and former Premier of Victoria
5:30 pm - 7:30 pm

Welcome Reception

7:30 pm - 9:30 pm

Delegate Social Options (In person only)

8:30 am - 9:00 am

Session 18: Tax Policy & Advocacy update – a debate by our experts

Join The Tax Institute's in-house tax experts from the Tax Policy and Advocacy team as they discuss and debate a number of key issues facing the tax system and the tax community. The team will discuss some of the challenges with these issues, what practitioners can do in their day-to-day interactions with the tax system and with their clients, and what actions The Tax Institute is taking on these matters.

Robyn Jacobson, CTA Robyn Jacobson, CTA The Tax Institute
Scott Treatt, CTA Scott Treatt, CTA The Tax Institute
Julie Abdalla, FTI Julie Abdalla, FTI The Tax Institute
Andrew Mills, CTA (Life) Andrew Mills, CTA (Life) The Tax Institute
9:00 am - 10:00 am Keynote

Session 19: Commissioner’s Address

In his address, Commissioner Chris Jordan AO will reflect on the last 18 months, the ATO’s progress toward its 2024 vision, it’s current agenda and the future of tax administration.

Chris Jordan AO, CTA Chris Jordan AO, CTA Australian Tax Office
10:30 am - 11:30 am SME Stream

Session 20.1: Consolidation for smaller clients

In this session, the costs, benefits and key issues which arise when private companies face tax consolidation will be canvassed from a practical perspective, commencing with a brief overview of its history and design and why its DNA makes it difficult for private groups.  From there, the discussion will consider:

  • What will a private group need to do to enter tax consolidation and what will result?
  • Forget about it?- why your group cannot enter consolidation
  • No other option? Strategies to approach consolidation and how can you might minimise the pain (and avoid immediate and short-term tax costs).
  • Commercial and administrative advantages of being consolidated.
  • Looking to the future

Lucy Goldwater, ATI Lucy Goldwater, ATI Pitcher Partners
Michael Charles, ATI Michael Charles, ATI Pitcher Partners
10:30 am - 11:30 am Corporate Stream

Session 20.2: Developments in M&A

There have been some interesting and novel tax issues for M&A transactions. This session will provide an overview of certain key developments affecting M&A transactions including:

  • M&A activity in a COVID-19 world - trends and themes
  • Hot topics for specific tax indemnities and warranties
  • Acquisition financing challenges and
  • The role of tax insurance policies.

Sylvester Urban Sylvester Urban King & Wood Mallesons
Darren McClafferty Darren McClafferty King & Wood Mallesons
10:30 am - 11:30 am Hot Topics Stream

Session 20.3: Common issues and pitfalls in tax loss preservation and loss carry back

Tax advisers need to assist their clients in confirming and claiming tax losses.  Whether they are claimable in the first place is enough of an issue; how they are claimed may affect future tax planning. This practical session will cover:

  • Applying loss carry back – the do’s and don'ts – and what we have learned in the first 4 months
  • Continuity of ownership issues
  • The same or similar business test and
  • Practical planning opportunities and problems (including whether claiming full expensing and then using loss carry back is an acceptable approach).

David Marks QC, CTA David Marks QC, CTA Queensland Bar
10:30 am - 11:30 am International Stream

Session 20.4: Tax treaties – benefits conferred? benefits denied?

BEPS actions 6 – preventing treaty abuse – and 7 – preventing the artificial avoidance of Permanent Establishment status – triggered a reshaping of anti-avoidance, anti-abuse and anti-treaty shopping rules, both in domestic laws and in treaty provisions.

This session will explore the principal purpose test, as well as a range of other similar measures. These rules are still largely untested, and collectively make it clear that establishing the entitlement to treaty benefits is only half the battle.

David Watkins, CTA David Watkins, CTA Deloitte
11:30 am - 12:30 pm SME Stream

Session 21.1: Contemporary cross-border issues with trusts and estates

Private groups can encounter tricky cross-border issues, even in an era of border closures! This session will focus on contemporary issues affecting existing entities and succession planning, including:

  • Living with foreign trusts – accidental change in residency, Session 99B, and managing tax efficiency
  • CGT concessions –applying Division 152 to foreign assets or beneficiaries, and the current scope of Division 855
  • Pitfalls of estate planning – choice of executor and tax residency, international wills, CGT event K3, and testamentary trusts with foreign beneficiaries and
  • Key foreign concepts – domicile, citizenship, family provision rules, and inheritance and wealth taxes.

Jim O'Donnell, CTA Jim O'Donnell, CTA Jackson McDonald
Sally Bruce Sally Bruce Jackson McDonald
11:30 am - 12:30 pm Corporate Stream

Session 21.2: Insights from leading Heads of Tax – challenges and opportunities

In the wake of COVID-19, tax functions are increasingly facing pressure to do more with less, from their organisations and from revenue authorities.

Join our panel discussion for insights into the issues, challenges and opportunities tax functions must manage and the role that tax technology can play in navigating these challenges.

Michelle de Niese Michelle de Niese Corporate Tax Association
Cristina Wolters, CTA Cristina Wolters, CTA Transurban Limited
Elaine Nah Elaine Nah
Robert Martinelli Robert Martinelli Viva Energy
Angelina Lagana, CTA Angelina Lagana, CTA KPMG Law
11:30 pm - 12:30 pm Hot Topics Stream

Session 21.3: Tax aspects of insolvency in the current settings

For what is undoubtedly a hot topic, this session aims to explore not only the tax aspects of insolvency in current settings, but will also incorporate broader debt recovery in the same context.

11:30 am - 12:30 pm International Stream

Session 21.4: Transfer Pricing – where to from here?

The panel will identify and explore the areas of continuing uncertainty in the transfer pricing landscape following the High Court’s rejection of special leave in Glencore. The panel will also provide insights on the ATO’s areas of focus in transfer pricing and consider alternative avenues of challenge available including Part IVA and diverted profits tax as an extension of transfer pricing.

Jerome Tse, CTA Jerome Tse, CTA King & Wood Mallesons
Lorena Sosa Carrillo Lorena Sosa Carrillo Grant Thornton
Kristen Deards SC Kristen Deards SC Banco Chambers
12:30 pm - 2:00 pm Keynote

Session 22: Flourishing minds: Strategies to improve mental health, manage energy and prioritise wellbeing OR lunch

We've all felt it before. Tired, stretched too thin, struggling to switch off our brains, a little concerned about the future and not being able to predict what might happen. The lives we lead can be relentlessly stressful, constantly draining our willpower. But there's also a silver lining: we have the tools, capabilities and science-based know-how to not only learn to overcome these challenges but to build our capacity to thrive in this brave new world.

Join Shadé as she helps you understand why you think and act the way you do, and then implement science-backed behaviour change to flourish. She will share must-know peak performance practices to supercharge your impact, without having to neglect your mental health.

Shadé Zahrai Shadé Zahrai Award-winning leadership strategist
2:00 pm - 3:00 pm SME STream

Session 23.1: Family Trust Elections and the Family Court

Most practitioners understand that, subject to certain limited exceptions, a Family Trust Election (FTE) cannot be modified or revoked, but often overlook the impact of divorce and the power of the Family Court to modify FTEs.

This session will explore the issues to consider in this misunderstood area:

  • Impact of divorce on FTEs and test individuals
  • Family Court changes to the test individual in the event of marriage breakdown
  • Steps to implement a change to an FTE
  • Marriage consent orders and
  • Importance of collaboration between financial advisers and lawyers in family law matters.

Todd Want, CTA Todd Want, CTA William Buck
Danielle Constantine Danielle Constantine William Buck
2:00 pm - 3:00 pm Corporate Stream

Session 23.2: The rise of tax governance in the world of ATO Justified Trust engagements

The Commissioner is unapologetically raising future expectations of tax governance levels for all corporate taxpayers. This panel will discuss the ATO’s approach to reviewing governance across assurance programs such as the Top 100 justified trust program, where the concept of justified trust is applied to obtain assurance that taxpayers are paying an appropriate amount of tax and to identify areas of tax risk for further action.

Topics for discussion include:

  • What do governance reviews within these programs mean for you?
  • How to prepare for review and ensure justified trust
  • Recent guidance on governance and
  • What to do if taxpayers cannot achieve justified trust.

Chris Vanderkley, CTA Chris Vanderkley, CTA PwC
Glenn Cooper Glenn Cooper Australian Taxation Office
2:00 pm - 3:00 pm Hot Topics Stream

Session 23.3: CGT Rollover review

This session will discuss hot topics in CGT roll-overs. Specifically, it will consider the ever-changing landscape of:

  • The revolutionising attempt by the Board of Taxation to establish one general business rollover from seven common rollovers used
  • The moving goal posts of attempting to use demerger relief
  • The elephant in the room of using back-to-back roll-over and
  • Demergers, what are the risks posed to taxpayers?

Stacey Hannam Stacey Hannam KPMG
Matt Ervin Matt Ervin KPMG
2:00 pm - 3:00 pm International Stream

Session 23.4: Residency and Permanent Establishments

The Government has proposed changes to the corporate tax residency test in light of recommendations by the Board of Taxation intended to address uncertainty for foreign investors.  In the 2021 Budget the Government announced that it will consult on extending these amendments to trusts and corporate limited partnerships which are subject to their own separate but similar residency tests.  The speakers will consider the Board’s recommendations and the aim to achieve consistency across the tests. In addition, the speakers will consider some of the permanent establishment issues arising for multinationals from the COVID pandemic and the ATO approach.

Liz Cullinan Liz Cullinan EY
Vicky Lin Vicky Lin EY
3:00 pm - 3:30 pm

Afternoon tea

3:30 pm - 4:30 pm SME Stream

Session 24.1: Retaining and rewarding employees post pandemic

For many employees, the ability to work from home long term can provide opportunities for alternative employment in an increasingly digital and online world; this presents employers with the challenge of retaining employees.

This session will consider the taxation implications of various tools available for employers to reward and retain employees including:

  • Employee performance rights and phantom equity/bonus arrangements
  • Recent changes to traditional ESS/ESOP arrangements
  • Start-up concessions, and
  • Alternative non-ESS arrangements such as loan funded or flowering plans.

Toby Eggleston, CTA Toby Eggleston, CTA Greenwoods & Herbert Smith Freehills
Cameron Blackwood, ATI Cameron Blackwood, ATI Greenwoods & Herbert Smith Freehills
3:30 pm - 4:30 pm Corporate Stream

Session 24.2: ATO focus areas for the large market over the coming year

The ATO continues to address concerns with arrangements involving large corporate taxpayers across a broad spectrum of issues from capital revenue issues, transfer pricing, Part IVA and DPT. In this session you will hear more about where the ATO’s specific concerns lie in relation to large market participants. 

Rebecca Saint Rebecca Saint Australian Taxation Office
3:30 pm - 4:30 pm Hot Topics

Session 24.3: The new online world of our clients

From the perspective of clients operating in the online environment:

  • Where are online transactions completed?
  • Transactions in treaty countries
  • Transactions in non-treaty countries
  • Broad consideration of residency (corporate and non-corporate)
  • How to effect payments
  • Signing documents online.

Adrian Cartland Adrian Cartland Cartland Law
3:30 pm - 4:30 pm International Stream

Session 24.4: Intangibles and royalties – where are we heading?

While the digital age races on, the Australian tax landscape is trying hard to keep pace. This session explores the recent trends and ATO publications (TRs, TAs, PCGs and more) that are relevant to the modern way of managing intangible assets.

Chris Ferguson Chris Ferguson Australian Taxation Office
4:30 pm - 5:30 pm SME Stream

Session 25.1: Pitfalls of private practice

This session discusses liability risks for private practitioners, including:

  • What are private practitioners being sued for?
  • Why your retainer agreement is the most important document you will prepare on any matter
  • The danger of dabbling- why you need to work within your skill set
  • Professional indemnity insurance and its limitations - what is excluded from cover and
  • Systems to have in place to protect against litigation and minimise your exposure.

Alistair Little Alistair Little HWL Ebsworth
4:30 pm - 5:30 pm Corporate Stream

Session 25.2: ATO and FIRB – are they one and the same?

Over the past decade, we have seen the ATO's involvement in the FIRB process grow dramatically.  Since the overhaul of the FIRB process in December 2015, we could almost say that the ATO has cemented its seat at the FIRB table.  This session will explore the trends, issues and experiences (through ATO and practitioner eyes) of the long-lasting impact of the ever-evolving “Guidance Note 47” on the Australian mergers and acquisitions tax landscape.

Michael Parris Michael Parris PwC
Keir Cornish Keir Cornish Australian Taxation Office
4:30 pm - 5:30 pm Hot Topics Stream

Session 25.3: Cryptocurrencies and NFT tax treatment – current state of play

This session will take a practical and insightful approach to the foundational as well as the latest tax issues in this space. Using practical examples, Will and Joni will take you through their views and available ATO guidance, including:

  • Blockchain and cryptocurrency 101 with practical insights and war stories
  • ATO guidance and compliance
  • Digital art and NFTs and
  • Inheritance of digital assets

Will Fennell Will Fennell Piper Alderman
Joni Pirovich Joni Pirovich Blockchain & Digital Assets Pty Ltd
4:30 pm - 5:30 pm International Stream

Session 25.4: US and UK tax update session for Australian corporates

Despite our geographic location, a majority of Australian corporates remain heavily influenced by the US and UK tax agendas, including Australian parented multinational groups, inbound subsidiaries of foreign multinationals or simply Australians with key trading activity with those historic partners. Light on jargon and heavy on insights, our experts from the US and UK will be presenting the latest updates that are relevant to Australian corporates operating in this sphere.

Rob Hines Rob Hines PwC
Stuart Landsberg Stuart Landsberg PwC
5:30 pm -

Delegate free time

7:00 pm - 12:00 am

Tax Summit Gala Dinner including the Tax Adviser of the Year Awards

8:30 am - 9:30 am Keynote

Session 26: VIP Presentation

9:30 am - 10:30 am SME Stream

Session 27.1: Trusts and unpaid present entitlements (UPEs)

There will always be an element of Trusts to explore and discuss. In this ever-important area, this session will consider issues and strategies for dealing with UPEs, including:

  • Why create and avoiding UPEs
  • Sub-trusts and PCG 2017/13
  • Will we have a s100A problem and can we mitigate the risk?
  • When might FTE’s be a problem and are there solutions?
  • Corporate beneficiaries and estate planning
    • Generation 2 trust splitting
    • Angel of death strategy.

Paul Hockridge, CTA Paul Hockridge, CTA Mutual Trust
9:30 am - 10:30 am Corporate Stream

Session 27.2: Arm's-length debt amount

With the ATO’s increasing scrutiny on debt deductions and the interaction with the thin capitalisation provisions, this session will examine the arm’s length debt amount (ALDA), including:

  • What is the ALDA, and how is it used?
  • What are the practical issues and common pitfalls in applying the ALDA?
  • What is the ATO’s compliance approach to the arm’s length debt test outlined in PCG 2020/7?
  • What is the interaction with the transfer pricing regime? and
  • Practical advice on managing the ATO’s risk assessment framework.

David Bell, ATI David Bell, ATI Deloitte
Shahzeb Panhwar Shahzeb Panhwar Australian Taxation Office
9:30 am - 10:30 am Hot Topics Stream

Session 27.3: Cases update

This session will highlight the significant recent cases. Discussion will shed light on trends, key focus areas and what these case outcomes mean for everyday practice.

Adam Craig Adam Craig Victorian Bar
9:30 am - 10:30 am Workshops Stream

Session 27.5: Multiple Party Investment Structures – Part 1: Federal Taxes

This workshop will use case studies to explore some of the unique federal tax issues that may arise through investing via unit trusts including:

  • Unitised trust and revenue losses in light of PCG 2016/16
  • Unitised trust and dividend flow-through and former s 160 APHL (14)
  • CGT Event E4 on payment of a non-assessable amount
  • CGT Event C2 on redemption or unit buy back
  • Application of the value shifting rules to non-arms’ length transactions
  • Consideration of redemptions and new unit issues vs transfers between parties and
  • Practicalities of the attribution managed investment trust (AMIT) within the SME market.

10:30 am - 11:00 am

Morning Tea

11:00 am - 12:00 pm SME Stream

Session 28.1: CGT implications of the surrender of life interest

A testamentary life interest allows an individual to leave their share of their main residence to their children, while allowing the surviving partner to remain in the main residence for as long as they wish.

However, needs change over time, and sometimes a testamentary life interest will need to be brought to an early end.

This session focuses on the CGT consequences of surrender of a testamentary life interest, including:

  • What is a life interest?
  • Ways property may be dealt with after the surrender, and the relevant CGT events, and
  • Situations where the CGT main residence exemption will not be available.

Peter Bobbin, CTA Peter Bobbin, CTA Coleman Greig Lawyers
11:00 am - 12:00 pm Corporate Stream

Session 28.2: Shifting landscape of the distinction between capital and revenue

Capital or revenue - it’s the age-old question. This session considers what we have learnt from the deluge of recent cases considering the capital versus revenue distinction.  The session will compare and contrast the recent cases on the question and provide insights on trends and where the jurisprudence is heading.

Terry Murphy QC, CTA Terry Murphy QC, CTA Victorian Bar
Angela Lee, ATI Angela Lee, ATI Victorian Bar
11:00 am - 12:00 pm Hot Topics Stream

Session 28.3: Charity registration – what’s the purpose?

Charity registration entitles entities to a range of Commonwealth tax concessions and other benefits. This session aims to help practitioners understand the requirements for charity registration, with a particular focus on the definitions of “charitable purpose” and “public benevolent institution”.

Anna Longley Anna Longley Australian Charities and Not-for-profits Commission
11:00 am - 12:00 pm Workshops Stream

Session 28.5: Multiple Party Investment Structures – Part 2: Superannuation (SMSF) issues

This workshop will use case studies to explore some of the unique SMSF issues that may arise through investing via unit trusts including:

  • Application of the “non-arm's length income” rules in s 295-550 and TR 2006/7
  • In-house asset rules and related and unrelated unit trusts
  • Geared and ungeared unit trusts and involvement of the SMSF
  • Application of the super laws to commercial and trading activities of the unit trust and
  • Super fund to super fund exemptions to landholder duty and redemptions.

Philippa Briglia Philippa Briglia Sladen Legal
Phil Broderick, CTA Phil Broderick, CTA Sladen Legal
12:00 pm - 1:00 pm SME Stream

Session 29.1: SMSFs – NALI & NALE in the “real world”

The broad scope for implementation and enforcement of NALI and NALE doesn’t just impact complicated SMSF structures.  This session will explore the practical application of PCG 2020/5 including some unexpected aspects of both NALI and NALE including:

  • NALE transitional approach from 1 July 2018 to June 2022
  • The ATO position from June 2022
  • SMSF auditor obligations and PCG 2020/5
  • Finalisation of LCR2019/D3 and what it could mean for you and
  • Practical examples of NALI and NALE.

John Ioannou, CTA John Ioannou, CTA Macpherson Kelley
12:00 pm - 1:00 pm Corporate Stream

Session 29.2: What is a “fixture” and why does it matter?

Two recent decisions in Victoria (Ararat) and NSW (Pacific Hydro) reached different conclusions on whether wind farm assets are “fixtures” under common law. This may affect whether foreign investors in Australian wind farm assets will attract capital gains tax on exit, and on whether an MIT holding wind farm assets is considered to be engaged in passive income activities.

This session will consider these issues and what lessons can be learnt outside of the wind farm assets context, including potential stamp duty implications, and special provisions in many jurisdictions specifically dealing with stamp duty on items fixed to land, even if those items do not constitute fixtures.

Michael Flynn QC, CTA (Life) Michael Flynn QC, CTA (Life) Victorian Bar
12:00 pm - 1:00 pm Hot Topics Stream

Session 29.3: Keeping you and your clients out of the witness box

This session analyses discussion of the taxpayer’s onus of proof in the AAT in the recent decision Le v Commissioner of Taxation [2021] FCA 303, including:

  • The taxpayer’s onus of proof and how they may discharge it
  • The role and duty of the Tribunal in taxation controversies
  • The Tribunal’s obligation to provide procedural fairness and
  • Lessons from the case – preparing the taxpayer’s objection and arguments in the Tribunal.

In the broader context of the small tax tribunal, the session will also discuss clients handling their own matters, choosing and instructing representatives, and representing clients at the AAT.

Chris Wallis, CTA Chris Wallis, CTA Victorian Bar
12:00 pm - 1:00 pm Workshops Stream

Session 29.5: Multiple Party Investment Structures – Part 3: State Taxes

This workshop will use case studies to explore some of the unique state tax issues that may arise through investing via unit trusts including:

  • Landholder duty thresholds across various jurisdictions
  • Indirect and constructive landholdings
  • Aggregation and the double counting trap
  • Exemptions from landholder duty
  • Aggregation of exempt transfers in light of Razzy Australia Pty Ltd & Anor v Commissioner of State Revenue and
  • Consideration of redemptions and new unit issues vs transfers between parties.

1:30 pm - 2:30 pm Keynote

Session 30: Closing keynote – Brain power

The premise of Todd's award-winning Discovery Science series Redesign My Brain was simple. For over 70 years, science has told us that our brains are fixed. You are born with the brain you have, which develops rapidly until the age of seven, and then it starts a steady decline from age 30 until you die and there was nothing you could do about it. But science has now proven that to be false. In fact, modern science has shown that our brain is plastic and that we all have the ability to improve it at any age and at any time. This presentation will show you how to boost your brain power.

 

Todd will provide you with the practical tools, strategies and techniques to improve your brain. We are all capable of more than we realise.

Todd Sampson Todd Sampson Adventurer, award-winning documentary-maker and businessman
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