Tax Law & International Tax Law

Irish Bentley, Brisbane Based Tax Law Specialists

We bring extensive experience in dispute resolution for all types of tax law matters, we have represented clients on disputed tax assessments exceeding $50M, and we have experience in both insolvency law and asset protection to ensure we can handle every aspect of your matter holistically.

Our experience includes reported decisions from the Full Federal Court, and we negotiate advantageous settlements with the Australian Tax Office and appropriately structure transactions and negotiate with State government agencies to ensure the beneficial assessment of stamp duty and other State taxes.

We are also adept at protecting those clients who are vigorously pursued due to the internal policies of the ATO.

The Principal of the Irish Bentley lawyers, Zeke Bentley has been asked to discuss bankruptcy law, and, taxation law in the media. His views have been sought by Channel Nine News, Channel Ten News, ABC Radio 612 and 4BC.

AREAS OF TAXATION LAW

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  • Dealing with DPNs (Director Penalty Notices) to ensure the director is not personally liable.
  • Dealing with Statutory Demands, Bankruptcy Notices and garnishee notices issued by the ATO
  • Seeking the remission of interest and penalties and negotiating with the ATO.
  • Seeking an extended payment plan.
  • Tax residency matters
  • a. where the issue is whether you are an Australian resident for tax purposes.
  • b. where the ATO allege (or reassess your tax) on the basis that you have not disclosed off-shore income.
  • Advice on the best way to set up your future tax affairs when you migrate to Australia.
  • Applying for grants such as the research and development grant, and the AUSAid grant, to maximise the grant whilst ensuring your audit evidence is up to standard.
  • Payroll tax where companies have been grouped, and the OSR (Office of State Revenue) assess there to be additional payroll tax payable.
  • Whether to treat workers as contractors or agents, and what to do to satisfy the contractor test.
  • Dividend Stripping allegations.
  • GST advice for off-shore companies and structures involving on-shore and off-shore entities.
  • Defending and seeking stays on ATO Supreme Court proceedings, when the assessment is still under review by the Federal Court.
  • Applications for travel rights where a DPO (Departure Prohibition Order) has been made.
EXPERIENCE
  • Challenging amended assessments in excess of $35 million brought about as a result of the Project Wickenby audit activity into international tax havens. That experience includes advising in relation to controlled foreign corporations, foreign investment funds, and the general anti-avoidance provisions contained within Part IVA of the Income Tax Assessment Act 1936.
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  • As the Australian Taxation Office is using Part IVA to minimise tax avoidance and aggressive tax planning and the Commissioner has given high priority to investigating fraudulent Goods and Services Tax claims. We advise on evidence needed appeal strategies and dispute resolution processes associated with the Australian Taxation Office. We also assist clients on an urgent basis when they are the subject of section 264 notices or where bank accounts are frozen without warning.
  • Pursuing accountants for negligent advice given regarding taxation minimisation.
  • Advising on the appropriate structuring of contracts and processes for transactions to ensure maximum benefit to clients in relation to stamp duty and other State taxes.
  • Advising and negotiating with government agencies on the reduction of penalties and assessments imposed during delays in completing transactions.
  • Representing clients before the Administrative Appeals Tribunal in relation to appeals on the assessment of tax.
  • Advising and negotiating with government agencies to reduce the assessment of taxes on compassionate grounds.
  • Advising on Director’s Penalty Notices and Statutory Demands issued by the ATO regarding all options from negotiating resolution through to looking at the best insolvency options available.
  • International Tax law specialists
NEWS

AWARDS

AI Award for Excellence in Tax Litigation 2017 – Australia

AI M&A Award 2015: Best Tax Law Firm Australia

AI M&A Award 2016: Best Tax Law Firm Australia

APAC Award 2016: Excellence in Tax Law

2016 Excellence Award: Most Outstanding SME IP Law Firm – Australia

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