What I Do

Common areas in which I have assisted regularly include:

Acquisitions
Buying a business, shares in a company or an interest in a trust can trigger duties in a range of circumstances across Australia.  I can provide duties assistance including:

• Structuring advice in advance of a transaction;

• Review of draft acquisition documents, such as a Share Purchase Agreement or Business Purchase Agreement;

• Historical due diligence to seek to ensure prior compliance; and

• Attending to any required lodgements, with supporting submissions to manage exposure.

Restructures
Businesses may wish to restructure for a range of commercial reasons. Duty can be triggered by such restructures and should be considered in advance of the restructure, to ensure the requirements of any available concessions or exemptions are met and all conditions are complied with. I can provide state tax assistance including:

• Advice in advance of a restructure on any exposure, available concessions or exemptions;

• If applicable, seeking a ruling or pre-determination from the relevant Commissioner in advance of a restructure;

• Assistance with any ongoing requirements to maintain any exemption or concession obtained; and

• Drafting and lodging applications for concession or exemption following a restructure, including detailed submissions to seek to ensure the relief is granted as intended.

Reviews and Audits
State Revenue Authorities around Australia (such as RevenueWA) are proactive in reviewing transactions which may attract duty, and auditing exposure to pay-roll tax. If your client or business is facing a review or audit, it is important to respond quickly and appropriately.  I have extensive experience in managing state tax reviews and audits, and can work with you to:

• Provide advice and identify any potential exposure for duty, pay-roll tax and penalties;

• Collate information sought by a Revenue Authority, and identify what is legally available to the Commissioner;

• Attend interviews and meetings with Revenue Authorities; and

• Seek to resolve any issues on terms acceptable to my client, including negotiating and managing outcomes with Revenue Authorities.

Assistance with Valuation Issues
This can be a complex area when dealing with duties. Valuations of assets and businesses can be relevant in finalising a duty assessment in a range of circumstances, including non arm’s length transactions and acquisitions of shares in a company or units in a unit trust (even if the transaction was on arm’s length terms). I regularly assist clients with valuation issues as follows:

• Advising on when a valuation is likely to be required for stamp duty purposes;

• Reviewing existing valuation information and advising whether it may be fit for purpose;

• Briefing a valuer.  In this regard, a valuation obtained must meet the legislative requirements for stamp duty purposes; and

• Drafting submissions to a Revenue Authority in support of a valuation.

Please note that I am not a qualified valuer and cannot provide a valuation.  I can provide the support listed above.

Other Areas
Other state tax issues I regularly advise on include:

• Mining farm-in agreements;

• Joint ventures;

• Options over land and other property;

• Acquisitions of intangible business assets, such as goodwill, intellectual property and customer contracts;

• Foreign buyer’s duty and other imposts;

• Derivative mining rights;

• Pay-roll tax grouping issues; and

• Contractors versus employees for pay-roll tax purposes.