International Taxes - Australia is the New Black!



Australia’s increasingly globalised workforce sees individual taxpayer’s arrangements becoming more and more complicated. It has never been more important for advisors to be across changes to international tax law.

We spoke with Neil Brydges, CTA, Sladen Legal and Daniel Diaz, FTI, Victorian Bar, ahead of their presentations at the Victorian International Tax Day on Thursday 8 August 2019.

About Neil

Initially joining The Tax Institute in 2007 whilst undertaking a Foundation course, Neil went on to become a Chartered Tax Advisor in 2012. Neil is now a Principal Lawyer in Sladen Legal’s tax group, with a focus on advice and disputes. Neil practises in all areas of direct and indirect tax, primarily on the taxation of trusts, corporate tax, mergers and acquisitions, international tax, and Division 7A. His client mix includes family groups as well as business enterprises.

Following the Board of Taxation’s review on rules for tax residence of individuals, in September 2018, Neil’s presentation will highlight the issues that impact an individual’s tax residency.

Neil described Australia as being “the new black” due to constant and increasing international migration.

“Knowledge of the law and administration of individual residency is becoming a ‘tax 101’ for advisors” he says.

We asked Neil what delegates would take-away from his session?

“An overview of the law as it currently stands.” and an understanding of the “difficulties for taxpayers in applying the law, what they can do about it, and why the law is in need of reform.”

And what are the blind spots?

Neil says “the difficulty of the rules and particularly the evidentiary requirements for taxpayers to discharge their onus of proof.”

About Daniel

Daniel Diaz, FTI, is a barrister at the Victorian Bar. He practises in taxation law with a focus on corporate residency. Daniel acts for public companies, private companies, individuals and the Commissioner in matters concerning the application of income tax, GST and state taxation laws. He also works with complex factual circumstances concerning issues such as individual and corporate residency, capital/revenue distinctions and transfer pricing.

The High Court’s decision in Bywater Investments Limited resulted in a substantial change in understanding as to when a foreign incorporated company will be regarded as an Australian resident.

Daniel will provide delegates with a concise summary of the law as it currently stands as well as covering the practical issues that may arise for taxpayers around establishing whether or not a corporate entity is a resident.

“Residency is important because it can fundamentally alter the basis on which an entity pays tax” says Daniel.  

“It is also important in relation to other legislative regimes, such as the consolidation provisions” he continues.

What to look out for

Daniel says “the blind spot in this area is in relation to the application to the ATO’s PCG and in particular how some of the concepts set out in that document may play out ‘on the ground’ and in practice.”

Our new, national approach to this increasingly important area delivers the localised focus this complex area requires. What’s more, registering for International Tax Day also gives you access to the technical papers presented at every event in the series – an invaluable, practical knowledge and reference resource.

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