1-10 of 421 results
Commissioner victorious in taxing cross-border trust distributions of capital gains
The Full Federal Court has confirmed a controversial view held by the Commissioner of Taxation (the Commissioner) on the taxation of capital gains from non-taxable Australian property made by Australian resident discretionary trusts that are distributed to foreign resident beneficiaries. ...
AIFMD: update on the state of play for Australian fund managers post-Brexit
The landscape for wholesale investment funds in the UK has shifted in the wake of Brexit. We give a round-up of the latest developments, and explain what Australian fund managers who are marketing their products to EU or UK investors need to know. ...
Changes to FIRB Guidance Notes
The Australian Government has finalised and released legislation to make major changes to Australia's foreign investment laws – commonly known as the 'FIRB regime' – with effect from 1 January 2021. This Insight summarises the key changes to the FIRB regime. ...
The draft FAR bill has finally landed
In this Insight we provide a brief snapshot of the new regime as well as provide timing, guidance and key considerations you need to start thinking about now. ...
Potential licensing relief for Foreign Financial Service Providers
Following on from the 2021-22 Federal Budget announcement in May relating to additional licensing relief for Foreign Financial Service Providers (FFSPs), on Friday 9 July 2021, Treasury released a Consultation Paper titled 'Relief to Foreign Financial Service providers', which canvasses a range of potential options. This marks the next step in the long and winding FFSPs licensing relief saga. ...
A tale of two courts: are wind farm assets fixtures or chattels?
Wind farms and other renewable energy sponsors should be aware of two recent decisions of the Supreme Courts of Victoria and New South Wales, which have raised doubt over whether wind farm assets are chattels or fixtures. We briefly explore the key findings of each court and consider some broader repercussions of these decisions for the renewable energy industry. ...
Surprising 2021-22 Budget backflip leaves the new Foreign Financial Services Provider regime in limbo
The Government's Budget announcement has come as a surprise for Foreign Financial Services Providers (FFSPs) in 2021-22 Federal Budget. ...
Key developments for APRA-regulated entities in managing climate risks
Recently released guidance from the Australian Prudential Regulation Authority (APRA) and two new barrister opinions re-emphasise the need for banks, superannuation trustees, insurers, and other organisations, to respond to, and appropriately manage, financial risks associated with climate change. ...
Allocating FIRB completion risk in public M&A deals
One of the issues a target board will need to consider when assessing a takeover by a foreign bidder is the mitigation of FIRB completion risk in the transaction, and the appropriate allocation of any residual risk between the bidder and the target. This is particularly an issue where the target's business includes critical infrastructure or raises national security issues. ...
Less than one year before the new foreign financial services providers regime begins
The key changes to the existing foreign financial services regime are the repeal of 'Sufficient Equivalence Relief' and 'Limited Connection Relief'. It's time for FFSPs to think about what your options are and what actions need to be taken to be ready for the new regime. ...