Employment & Superannuation

Greenwoods & Herbert Smith Freehills assists organisations to navigate the complex issues that can arise in the context of employment taxes, including payroll tax and superannuation.

Our practitioners have broad experience dealing with employee share schemes in a range of circumstances including their establishment and dissolution as well as issues arising in corporate restructures including mergers and demergers. 

Greenwoods' experience extends to a wide range of employment related tax issues including employment termination and redundancies, remuneration packaging and contractor arrangements. We also provide specialist expertise in superannuation. 

We regularly participate in Australian Taxation Office and Treasury consultations on behalf of private-sector representative bodies including The Tax Institute and peak industry bodies such as the Australian Bankers Association and the Property Council of Australia. Notably, our Directors have been closely involved in the Australian Government’s ongoing consultative processes concerning the amendments to the taxation of employee share schemes.

Employment & Superannuation Transactions

Aconex: acquisition by Oracle

Greenwoods & Herbert Smith Freehills has advised Aconex on its sale to Oracle by scheme of arrangement.

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NAB: sale of interest in MLC

Greenwoods & Herbert Smith Freehills advised NAB on the sale of 80% of its life insurance business to Nippon Life Insurance Company for A$2.4 billion.

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Viator: Class Ruling

Greenwoods & Herbert Smith Freehills advised Viator Inc in respect of the tax treatment of their employee equity arrangements following the takeover by Trip Advisor Inc.

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Employment & Superannuation Publications

21 Aug 2018  |  Riposte  |  Real Estate  |  Financial Services  |  Employment & Superannuation

Trust the PDS

The Full Federal Court decision in Aussiegolfa Pty Ltd (Trustee) v Commissioner of Taxation [2018] FCAFC 122 highlights the importance of statements in offer documents to the interpretation of underlying legal documents - here a trust deed - and the borderline as to when distinct trusts will be created through the use of separate classes of units.

27 Jul 2018  |  Riposte  |  Employment & Superannuation

Employment taxes update – July 2018

Australian tax obligations affecting employers are always changing. This update addresses changes to legislation and case law developments affecting employers – including payroll tax, fringe benefits tax, income tax, superannuation and pay-as-you-go withholding – as well as the ATO’s interpretation of those laws and regulations from the last 4 months (April to July 2018).

25 Jul 2018  |  Riposte  |  Real Estate  |  Employment & Superannuation

Payroll tax on service contracts – integrated workers

Recent NSW cases have shown that the concept of an “employment agency agreement” under which payments are subject to payroll tax is different to its ordinarily understood meaning.

12 Jul 2018  |  Riposte  |  Private Wealth  |  Employment & Superannuation

Board of Taxation reviews residency test for individuals

The Board of Taxation has released a self-initiated report considering the existing individual income tax residency rules. In providing its recommendations, the Board of Taxation concludes that the existing residency rules are no longer appropriate and must be modernised.

03 Apr 2018  |  Riposte  |  Employment & Superannuation

Employment taxes update - April 2018

Australian tax obligations affecting employers are always changing. This update addresses changes to legislation and case law developments affecting employers – including payroll tax, fringe benefits tax, income tax, superannuation and pay-as-you-go withholding – as well as the ATO’s interpretation of those laws and regulations from the last 3 months (January to March 2018).

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Employment & Superannuation team

Cameron Blackwood

Director

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Aldrin De Zilva

Director, Head of Melbourne Office and Head of Projects & Infrastructure

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Toby Eggleston

Director

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Adrian O'Shannessy

Consultant

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Graham Warren

Special Counsel

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