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101701
Individual Podcasts

Is Your Property Project Structure Sound?

When deciding from the outset the structure that a property will be housed in, consideration needs to be given to a number of factors which can include the intention for the property, the profile of the parties involved and the tax attributes of the various structures. This sessio
PRESENTED BY Philip Diviny Partner - Madgwicks Lawyers , Melbourne

Date/Time

About the Podcast

When deciding from the outset the structure that a property will be housed in, consideration needs to be given to a number of factors which can include the intention for the property, the profile of the parties involved and the tax attributes of the various structures. This session reviews the various options and issues to consider for each, including:

  • Structures to consider if the project is being undertaken with a third party (or a number of parties)
  • Partnership or joint venture - what are the tax differences?
  • Which structures suit:
    • development and sale
    • property which may incur tax losses prior to a subsequent sale
    • long term investment, which may include an accumulation of carried forward tax losses
  • The use of unit trusts to hold property, including:
    • the tax aspects of funding by loans or capitalizing units (IT 2684)
    • CGT event E4 and capital works deduction implications
  • Structuring loans when using a discretionary trust to hold property (TD 2018/9)
  • Land banking and the limit on deductions for vacant land:
    • what land is affected by these rules?
    • which entities are affected by these rules?
  • Case studies

Presented By

Philip Diviny
Partner, Madgwicks Lawyers Melbourne, Vic.

A highly regarded tax lawyer with a broad-based tax advisory, tax controversy and international tax practice, Philip works across a variety of industries, including property, infrastructure, agriculture, shipping, chemicals and health.

Philip is a highly numerate lawyer also qualified as a Chartered Accountant and Chartered Tax Adviser. His expertise includes:

  • Representing clients involved in ATO audits, including on transfer pricing, CGT and GST;
  • Acting in Federal Court and Full Federal Court litigation against the ATO;
  • Advising on all tax aspects of corporate transactions, including acquisitions, sales, restructures and demergers;
  • Advising on the tax aspects of property investment and development;
  • Applying for and obtaining private rulings;
  • Acting for individual taxpayers in complex matters involving the ATO, including Project Wickenby and directors penalty notice issues; and
  • Advising on tax-related professional negligence claims both for and against accountants and tax advisers.

Through his experience as a Chartered Accountant and Chartered Tax Adviser as well as lawyer, Philip has expertise in all facets of tax and is able to communicate complex ideas simply. Philip is a current member of the Advisory Panel to the Board of Taxation and a regular speaker and presenter.

CPD Information

0.5 CPD units

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact us, on (03) 8601 7700 or email: [email protected]

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