Category: Australia

Resolving cross border tax disputes through Australia’s investment treaties

1. Global focus on transfer pricing There has been a recent surge in regulatory attention around the world towards pricing arrangements within multinational corporate groups. Regulators are concerned that these pricing arrangements may be used as a means of profit shifting and therefore tax avoidance. The price at which an… – Continue reading

How McDonald’s dodged half a billion dollars in Australian tax

International fast-food giant McDonald’s avoided paying half a billion dollars of tax in Australia over a five-year period by shifting profits through the low-tax nation of Singapore, a new report by a global coalition of trade unions says. The report, which has been funded and commissioned by a coalition of… – Continue reading

Chevron parents leave ATO an orphan

Premier Colin Barnett (left) and Chevron manager Colin Beckett at its LNG project on Barrow Island. Secretive oil major Chevron Corp has taken the art of tax avoidance to its ultimate form thanks to a scheme so aggressive that it goes beyond merely reducing exposure to income tax, but rather,… – Continue reading

NZ Govt considers change to tax laws

Accountants are wondering whether the New Zealand government will move to tax millions of small parcels and services bought offshore in the May 21 budget, including digital downloads. Australia acted on the issue in its budget a few days ago. New Zealand Customs does not collect goods and services tax… – Continue reading

Big pharma shuffles the tax pill

The big miners were sprung for their Singapore profits sling, and the United States tech giants shown up for their Byzantine tax structures, but there was little time left to spend on other sectors where multinational tax chicanery was rife. When the Senate Inquiry into Corporate Tax Avoidance reconvened to… – Continue reading

New anti-avoidance rule targeting large foreign multinational businesses

Following on from a press release issued by the Treasurer on May 11th, the government has released a draft bill containing a new limb to the general anti-avoidance provision, which is directed at foreign multinational groups who have global revenue exceeding $1 billion. The law will apply where: • the… – Continue reading

Australia: Federal budget 2015-16: Quick guide – the big business measures

Last night, the Federal Treasurer, Joe Hockey MP, released the 2015-16 Federal Budget. After public self-evaluation of its last budget as over-reaching, the Government has gone back to basics whilst still focussing on repairing the budget deficit in the medium to long term. The budget deficit is projected to be… – Continue reading

Westfield Corp’s move offshore seen as positive

Westfield Corp looks to sever ties with Australia Westfield Corp’s pending move to list offshore would be positive as long as the stock was included in the Standard & Poor’s 500 index, according to brokers. On Wednesday, at the group’s first annual general meeting after its restructure last year, Westfield’s… – Continue reading

Joe Hockey’s tax reform ‘too little, too early’, says Sam Dastyari

Treasurer Joe Hockey is facing criticism for both acting too quickly and not doing enough on tax avoidance by multinational ¬companies after tabling legislation on Tuesday night to stop companies shifting taxable profits out of Australia. An unnamed 30 multinational companies with more than $1 billion in revenue from Australia… – Continue reading

Commonwealth Bank faces ATO probe over R&D millions

The Australian Taxation Office is probing Commonwealth Bank over a nine-figure sum arising from tax breaks claimed by the nation’s largest company for research and development. In a hostile environment for tax minimisation by large corporates, CBA and the ATO are wrangling over an amount ¬believed to be in excess… – Continue reading

OECD BEPS rules to curb multinational profit shifting ready in November

The OECD plans to have international agreement on new tax rules developed as part of its project to tackle aggressive tax avoidance by multinationals through the Base Erosion and Profiting Shifting (BEPS) project by the next G20 summit in November, with implementation completed before 2020 ‘at the latest’ Pascal Saint-Amans,… – Continue reading

Westfield flags offshore move

Frank Lowy’s Westfield Corporation intends to take another step in cutting ties with Australia by shifting its head office overseas, once an offshore stock market listing is finalised. The company is entirely focused on shopping malls in the United States, Britain and Europe, with all Westfield-branded centres in Australia and… – Continue reading

OECD condemns Silicon Valley for “extremely aggressive” tax planning

Head of forum’s tax policy will push for reform to cut down on avoidance. The OECD has attacked the “extremely aggressive” tax planning of companies such as Google, Amazon and Apple as it pushes for reform of global tax rules to cut down on avoidance. Pascal Saint-Amans, who heads up… – Continue reading

Complaint lodged with ASX over Adani job claims for Carmichael mine

A complaint has been lodged with the ASX alleging an announcement about Australia’s biggest coal development contained misleading information about the project’s economic potential. In December last year Downer EDI Limited announced to the ASX its partnership with Adani Mining, to provide services for the controversial Carmichael mine in central… – Continue reading

KPMG Responds To Hockey’s Tax ‘Integrity’ Measures

Grant Wardell-Johnson, KPMG Tax Partner, has said that while it would have been better for Australia to await the outcome of the OECD’s base erosion and profit shifting Action Plan, the international tax measures proposed recently by Treasurer Joe Hockey “have the benefit of being highly targeted.” On May 11,… – Continue reading

OECD nations gang up on internet retailers, tax dodgers

Australia to fine tech tax-dodgers 100% of their avoided tax, plus profits Australia’s treasurer* Joe Hockey has revealed that he and other money ministers from the Organisation for Economic Co-operation and Development (OECD) have shared plans to have online retailers charging the appropriate consumption tax on intangibles and goods bought… – Continue reading

Australia to crack down on alleged tax avoidance by 30 multinationals

The Australian government announced a world-leading crackdown on Monday on alleged tax avoidance by 30 multinational companies that will likely force them to restructure their businesses before next year, reports Reuters. “These companies are diverting profits earned in Australia away from Australia to no-tax or low-tax jurisdictions,” Treasurer Joe Hockey… – Continue reading

No shock and awe, just a sedate affair

AUSTRALIANS hoping to gorge on offerings intended to stimulate the economy in Tuesday’s Federal Budget have been warned to prepare for lukewarm but at least digestible fare. Though the electorate’s appetite has been whet by the sizzling entree of another Reserve Bank rate cut this week, economists expect the main… – Continue reading

The web helps the taxman chase cheats

Deloitte managing tax partner Thomas Pippos says the IRD are using electronic payments and websites to pursue tax cheats Budget-conscious tax collectors are increasingly turning to popular websites and other e-channels to chase undeclared taxable income, a top accountant says. Inland Revenue Department no longer had capacity or interest in… – Continue reading

Deloitte partner concerned proposed tax law changes targeting foreign corporates will sting NZ banks and thus NZers

There are fears the Government’s plans to prevent foreign controlled banks from slipping under the taxman’s radar, could end up hitting their New Zealand customers in the pocket. The Inland Revenue Department (IRD) is proposing to impose a higher tax burden on non-resident investors who get income from interest, dividends… – Continue reading

Union push for corporate tax consultants to reveal meetings with government

The major accounting firms and other consultants would be forced to disclose all meetings with the federal government and the Australian Tax Office under a policy proposal to be debated by the ALP National Conference. If adopted, a future Labor government would also force ministerial staffers to observe a cooling-off… – Continue reading

India pursues investment funds for tax

UK funds invested in India could face demands for tax from which they thought they were exempt. Minimum alternate tax (MAT), a tax on the book profit of a company, has been in existence in India in its current form since 2001 and is levied at 18.5 per cent. Because… – Continue reading

Costello warns money will head offshore if shareholder tax credits changed

FORMER treasurer Peter Costello says changing or ending tax credits for shareholders who get dividends would see investors send their money offshore. The financial system inquiry (FSI) last year questioned the wisdom of dividend imputations, where shareholders get a tax credit for the profits a firm shares with investors via… – Continue reading

Singapore’s government says it’s not a tax haven, it’s a value-adding hub

Singapore is not a tax haven, it’s a value-adding hub. That is the claim of the island nation’s Economic Development Board, the Singaporean government agency that’s been charged with attracting business and investment. It has disputed recent claims at the Senate inquiry into corporate tax avoidance that it’s being used… – Continue reading

Kiwi shareholders face ‘unfair’ BHP breakup tax

The Shareholders Association is making “strenuous representations” to the Inland Revenue Department over what it says is an unfair tax facing possibly thousands of New Zealand investors as a result of a proposed demerger of Anglo-Australian mining giant BHP Billiton. In an effort to simplify its business, Melbourne-based BHP is… – Continue reading

Focus: taxing diverted profits

In brief: At the recent G20 meeting in Washington, Treasurer Joe Hockey announced the establishment of a working group between Australia and the UK to develop initiatives to address so-called diverted profits involving multinational enterprises. What are the implications for multinationals doing business in Australia? Partner Martin Fry (view CV)… – Continue reading

Weak economy sees companies look offshore

The subdued outlook for the Australian economy is forcing companies to look overseas for ways to grow their business. Professional services giant EY’s Australasia Capital Barometer says the weak economic environment has resulted in many companies abandoning plans to look for acquisitions, or else search for opportunities overseas. Only 44… – Continue reading

A taxing problem of Olympic proportions: no copyright in a digital data signal

The Federal Court has found that copyright does not exist in a digital data signal (Seven Network Limited v Commissioner of Taxation [2014] FCA 1411). Clayton Utz acted for Seven in the proceedings. The rights to broadcast the Olympic Games Seven Network Limited held the exclusive rights to broadcast certain… – Continue reading

Australian cabinet to negotiate Israel tax treaty

The Australian federal cabinet has decided to give a greater priority to negotiating a tax treaty with Israel, reports AAP. Treasurer Joe Hockey told the Australia-Israel Chamber of Commerce in Melbourne on Wednesday talks will be at the forefront of the government’s activity in the not-too-distant future. “Cabinet has decided… – Continue reading