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.
10 Apr 2019 | Tax Brief | Energy & Resources | Corporate and Mergers & Acquisitions | International | Private Equity
Resource Capital Fund case again: Two steps forward, one step back in Full Federal Court
The Resource Capital group of funds is doing its best to clarify Australian domestic tax law and tax treaty treatment of private equity purchases and sales of Australian mining companies through limited partnerships. Its latest foray into the Full Federal Court represents an advance in resolving the difficult technical and practical issues that arise, but there are also unresolved issues that require prompt action to bring the ongoing uncertainty in this area to an end.
20 Feb 2019 | External Publications | Corporate and Mergers & Acquisitions | Private Equity
Taxing private trusts - a moving target
The Tax Institute of Australia has published a feature article by Cameron Blackwood, Graeme Cooper and Andrew White on taxing private trusts.
13 Aug 2018 | Riposte | Financial Services | Private Equity | Private Wealth
Tax Law Bites Trust Law on Franking Credits
The High Court of Australia has restored sanity in a long running saga in which a trustee purported to separate franking credits from the underlying dividends in allocations to beneficiaries. The Court held (as the parties now accepted) that this was not possible and that a contrary decision of the Supreme Court of Queensland in its trusts jurisdiction to which the Commissioner of Taxation was not party did not bind the Commissioner.
13 Aug 2018 | Riposte | Real Estate | Private Equity | Private Wealth
Tax Law Bites Trust Law on Franking Credits
The High Court of Australia has restored sanity in a long running saga in which a trustee purported to separate franking credits from the underlying dividends in allocations to beneficiaries. The court held (as the parties now accepted) that this was not possible and that a contrary decision of the Supreme Court of Queensland in its trusts jurisdiction to which the Commissioner of Taxation was not party did not bind the Commissioner.
02 Jun 2016 | External Publications | Employment & Superannuation | Private Equity
New Employee share scheme rules: SME startups
Cameron Blackwood wrote and presented "New Employee share scheme rules: SME startups" at The Tax Institute NSW 9th Annual Tax Forum on 2 June 2016.
13 May 2016 | Riposte | Private Equity
Can Australian startups use convertible notes to bridge the funding drought before 1 July? Director Toby Eggleston tackles this question in a post that previously appeared on medium.com.
04 Sep 2015 | External Publications | Corporate and Mergers & Acquisitions | Private Equity
Scrip for scrip amendments: be aware of changes from draft legislation
"Scrip for scrip amendments: be aware of changes from draft legislation " by Toby Eggleston and Cameron Blackwood considers changes to scrip for scrip rules. It was originally published in Thomson Reuters Weekly Tax Bulletin 38 - 4/9/15.
01 Sep 2015 | Riposte | GST | Private Equity
Bitcoin: GST changes looming
An Australian Senate Committee Report slates a major shake-up of the tax treatment of digital currency including a reversal of the ATO view that it is subject to GST.
08 Jun 2015 | Riposte | Private Equity
Income tax & crowdfunding
Crowdfunding - the act of obtaining funding online from a wide range of people - is a global phenomenon that allows individuals and businesses to raise funds in various ways for infinite purposes. But what are the tax consequences of the various forms of this new form of finance?
29 May 2015 | External Publications | Private Equity
Tax confusion down under
"Tax confusion down under" by Toby Eggleston considers changes to the taxation of earn-outs. It was originally published on www.privateequitymanager.com in May 2015.
23 Dec 2009 | Tax Briefs | Private Equity
ATO Christmas Present for Private Equity
On 16 December 2009 the ATO released two draft tax rulings on the main issues arising in its notorious recent court action involving the private equity group, TPG. The rulings effectively leave the revenue capital treatment and treaty shopping issues to case by case treatment, though making clear the ATO view of the TPG situation.
ATO Christmas Present for Private Equity (135 kb)