Tax

In this section

We combine specialist knowledge with a commercial and solutions-based approach.

Australia's tax environment presents challenges for businesses operating or investing in the current market. There is heightened political scrutiny of the treatment of tax information, and foreign investors are grappling with changing regulations on transaction structures.

Significant tax issues are arising, as tax and revenue authorities use enhanced profiling techniques, with broad information-gathering powers, to identify risk. Businesses active in Australia face intensifying scrutiny of their dealings' state tax and duty implications.

How we can help

Our tax team are experts in providing precise and commercially informed advice on the full range of direct and indirect taxation. This includes:

  • income tax;
  • capital gains tax;
  • GST;
  • fringe benefits tax;
  • stamp duty;
  • payroll tax; and
  • land tax.

We guide businesses in proactively managing and responding to changes in tax laws, and assist with the tax optimisation of transactions, and with navigating scrutiny, should it arise. Our tax specialists are well versed in the issues that are prioritised by the Australian Taxation Office (the ATO), and equivalent state and territory revenue offices – with which we have a productive working relationship built up over many years.

Optimising the tax outcomes on transactions

With expert knowledge of a diverse range of asset classes and investment structures, our specialists advise on structuring and documentation to ensure tax outcomes align with commercial objectives. We assist with all types of transactions and circumstances, including:

  • restructuring;
  • M&A;
  • capital management; and
  • investments and divestments.

Our indirect tax team advise on all stages of transactions, to ensure the most efficient outcomes regarding stamp duty and GST costs – covering the full breadth of issues and risks that may impact your business.

Allens' tax teams are at the forefront of legal developments in Australia, acting on some of the country's largest transactions, and guiding influential business makers through upstream and downstream structuring issues.

We work closely with our corporate M&A and investment fund specialists to provide holistic and integrated support, ensuring optimal tax outcomes on significant transactions. We're renowned as a 'safe pair of hands' by clients, who trust us to guide them through all aspects of their major transactions.

Navigating interactions with the ATO and revenue authorities

Our tax specialists take a customised approach to accommodate a company's risk profile, shaping how to navigate interactions with tax regulators and authorities. We have a commercial and solutions-based outlook, and our productive relationship with the ATO and other revenue authorities enables us to influence and challenge analysis of contentious issues.

Allens' tax controversy specialists (see Tax Disputes) have an outstanding reputation and track record in dispute resolution, including litigation and audit management.

Experience

Shell

Successfully represented Shell in High Court and Federal Court proceedings against the Commissioner of Taxation, concerning tax deductions claimed in relation to Shell's acquisition from Chevron of an increased interest in the Browse joint venture.

Brookfield

Advised on the tax aspects of the proposed acquisition of Origin Energy for an implied enterprise value of A$18.2 billion.

Australian Retirement Trust

Advised on the merger of SunSuper and QSuper to form one of Australia's largest superannuation funds.

Livent

Advised an NYSE-listed company on its proposed A$15 billion merger of equals with Allkem.

ANZ

Advised on the tax aspects of its proposed acquisition of accounting software provider MYOB for approximately $4.5 billion.

Pepper Group Limited

Advised on the IPO of the Pepper Group.

Evolution Mining

Advised on the tax aspects of its A$1 billion acquisition of the Ernest Henry Mine.

Cadillac Fairview

Advised on the establishment of the $550 million capital partnership between Cadillac Fairview and Hines to develop and invest in build-to-rent projects in Australia.

Australian Tower Network

Advised AustralianSuper and Singtel on Australian Tower Network's acquisition of leading independent telecommunication infrastructure provider Axicom.

Acciona Energy Australia Global Pty Ltd

Advised on stamp duty considerations relating to the establishment and transfer of incorporated joint venture interests and assets in the Macintyre Wind Farm in Queensland.

Offshore headquartered family office

Advising on estate planning and compliance for Australian-resident ultra-high net worth individuals and their related entities, including acting on multiple Top 500 Private Groups Tax Performance Program reviews by the ATO within the same family.

AusNet

Advising on the tax aspects of the $10.2 billion acquisition by a Brookfield-led consortium of 100 per cent of AusNet shares via a scheme of arrangement.