24 Jul 2019 | Riposte | International | Real Estate | Projects & Infrastructure | Private Equity | Private Wealth
Investment in the US by superannuation funds and through LPs
The US 2017 tax reform included less noticed changes including one relating to foreign partners in LPs investing in the US. An important change in relation to investment by foreign pension funds in US real estate has also been developing over recent years. This Riposte briefly outlines recent important developments on these matters and the problems that can arise when they come together.
26 Jun 2019 | Riposte | Projects & Infrastructure | Real Estate
Update: Staples Legislation - ATO releases Draft Law Companion Ruling
With three business days before 30 June 2019, being the last day for entities subject to a cross staple arrangement to make a choice that transitional relief applies (Transitional Relief Choice), the ATO has released draft Law Companion Ruling LCR 2019/D2 in relation to ‘Non concessional MIT income’ (NCMI), to assist taxpayers in navigating the staples legislation enacted on 5 April 2019 (Staples Legislation).
15 May 2019 | Riposte | Energy & Resources | Projects & Infrastructure
Update: Sufficient clarity on ‘sufficient influence’?
Greater clarity on the law around ‘sufficient influence’ and ‘associates’ should be a step closer as today the High Court of Australia has granted BHP’s application for special leave to appeal the decision from the Full Federal Court.
28 Feb 2019 | Riposte | Projects & Infrastructure
Transferred assets and customer contributions – the VPN decision
On 7 February 2019, Moshinsky J handed down his judgment in the Federal Court decision of Victoria Power Networks Pty Ltd v Commissioner of Taxation  FCA 77. The case concerned the assessability of customer contributions ‘received’ in cash or ‘gifted’ assets by electricity distributors in the VPN group for ‘uneconomic’ connections – being connections where the distributor’s ‘incremental revenue’ would not exceed its ‘incremental cost’ from the connection in present value terms. The ‘non-cash business benefit’ rules in section 21A considered in this case are relevant in a broader range of scenarios.
18 Feb 2019 | Riposte | Projects & Infrastructure
Subject to Legal Professional Privilege?
For some time there has been a divergence of opinion between the Australian Taxation Office (ATO) and taxpayers (and their advisers) as to the scope of the common law privilege that attaches to communications between a lawyer and their client for the purpose of providing legal advice, commonly referred to as Legal Professional Privilege (LPP).
01 Feb 2019 | Riposte | Energy & Resources | Projects & Infrastructure
Sufficient clarity on ‘sufficient influence’?
On 29 January 2019, the Full Federal Court decided (by 2:1 majority) that the Australian and UK head entities in the BHP Billiton dual listed companies (DLC) structure “sufficiently influence” each other and are therefore s.318 “associates”.
18 May 2018 | Riposte | Projects & Infrastructure
Stapled Structures Exposure Draft
Treasury has released the much anticipated Exposure Draft to implement its announcement of 27 March 2018 of a package of tax measures to address the perceived sustainability and tax integrity risks posed by "stapled structures". The Exposure Draft is subject to a two week consultation period ending on 31 May 2018.This Riposte focusses on the Exposure Draft from an infrastructure perspective.
27 Mar 2018 | Riposte | Projects & Infrastructure
Treasury Announcement on ‘Stapled Structures’ – An infrastructure perspective
Following public and targeted consultation, Treasury has today announced a package to address the perceived integrity risks arising from the use of "stapled structures". The package significantly limits tax concessions currently available for foreign investors in receipt of passive income, but contains certain transitional rules and a concession for new investment in economic infrastructure assets approved by the Government.
23 Oct 2017 | Riposte | Real Estate | Projects & Infrastructure
Commissioner refreshes long term construction contract ruling
As part of Project Refresh the Commissioner has released Taxation Ruling TR 2017/D8 which is a rewrite of Taxation Ruling IT 2450 and related taxation determinations dealing with the income tax treatment of long term construction contracts.
27 Mar 2017 | Riposte | Real Estate | Projects & Infrastructure
Stapled structures consultation paper
The attack on stapled structures continues with the release of a consultation paper looking at stapled structures, the taxation of real property investments and the re-characterisation of trading income.
13 Feb 2017 | Tax Brief | Projects & Infrastructure
Draft infrastructure & privatisation framework
The ATO has released a draft framework which sets out the ATO’s overall non-binding position on a number of infrastructure related tax issues.
31 Jan 2017 | Tax Brief | Projects & Infrastructure
TA 2017/1: impact on infrastructure groups
Stapled infrastructure groups need to look closely at their cross staple arrangements or risk raising the ire of the ATO.
11 Oct 2016 | Riposte | Real Estate | Financial Services | Projects & Infrastructure
Related schemes & 974-80 ED at last
Exposure draft legislation intended to address the Board of Taxation’s recommendations concerning s.974-80 and the related schemes provisions in the debt/equity rules has finally been released. Do the proposals provide clarity to taxpayers who are not on all fours with the examples?
17 Feb 2016 | Riposte | Projects & Infrastructure
Infrastructure - where is the risk?
The ATO has circulated a document for consultation purposes which highlights certain infrastructure related issues it considers high risk from a compliance perspective. The time is right for industry participants to consider mitigating their risks.
10 Nov 2015 | Riposte | Projects & Infrastructure
ATO infrastructure framework
The ATO has released helpful but non-binding guidance on the income tax and GST consequences for public private partnerships adopting securitised license structures. Will it be able to keep pace with changing PPP structures?
26 Apr 2013 | Tax Briefs | Corporate and Mergers & Acquisitions | Projects & Infrastructure
Tax Losses from Infrastructure Projects
This Tax Brief discusses draft legislation explanatory memorandum and rules that will be implemented as a legislative instrument recently released concerning the special treatment of tax losses of infrastructure projects.
Tax Losses from Infrastructure Projects (119 kb)
22 Nov 2011 | Tax Briefs | Projects & Infrastructure
Losses from Infrastructure Projects
The Government has released a Discussion Paper outlining the design of new rules to govern the treatment of losses arising from infrastructure projects considered to be of national significance. This Tax Brief examines the current plans for how these rules will operate.
Losses from Infrastructure Projects (131 kb)