Tax-Group-Annual-Report-2017.Pdf

— Tax Group Melbourne Law School

Annual Report

2017

Tax Group | Annual Report

Contents

About the Tax Group ……………………………………………………………………………………………………………………………… 3 Centre Directors and Faculty ………………………………………………………………………………………………………………….. 3 Adjunct Faculty ………………………………………………………………………………………………………………………………………. 6 Advisory Board Members ……………………………………………………………………………………………………………………….. 7 Visitors …………………………………………………………………………………………………………………………………………………… 8 The Tax Program ……………………………………………………………………………………………………………………………………. 9 Melbourne Law Masters (MLM) in Taxation ………………………………………………………………………………………. 9 JD Elective Subjects ……………………………………………………………………………………………………………………………. 10 Breadth Subjects ………………………………………………………………………………………………………………………………… 10 Events …………………………………………………………………………………………………………………………………………………….. 11 Publications ……………………………………………………………………………………………………………………………………………. 13 Media …………………………………………………………………………………………………………………………………………………….. 14 Tax Discussion Group ……………………………………………………………………………………………………………………………… 15

Tax Group | Annual Report

About the Tax Group

The Tax Group aims for excellence in tax education and research. We teach a wide range of subjects in postgraduate and undergraduate tax programs, carry out tax research with a technical, public policy and reform focus and contribute to public debate on taxation issues. Our education program is designed and taught by, and in conjunction with, experienced taxation practitioners including members of leading law and accounting firms and leading members of the Bar.

Research interests in the tax faculty are diverse and include Australian individual and corporate income tax, comparative and international taxation and critical perspectives on taxation. Much of the research work carried out by the Tax Group is interdisciplinary and comparative in nature.

The Tax Group at Melbourne Law School is pleased to host the Annual Tax Lecture and Australian branch meetings of the International Fiscal Association. The Tax Group has strong international tax connections including with New York University; the University of Virginia in the USA; Oxford University Centre for Business Taxation at the Said Business School; and the Cambridge University Law School Centre for Tax Law. We welcome international students in the postgraduate tax program.

Centre Directors and Faculty

Director Associate Professor Sunita Jogarajan

Dr Sunita Jogarajan is Co-Director of the Tax Group at Melbourne Law School, where she teaches and researches in taxation law. Sunita's primary research interest is in the influence of the League of Nations on international taxation, particularly the development of model tax treaties. Sunita also researches in Australian corporate tax and tax administration. She has previously written on the role of the IMF on tax reform and the integration of tax regimes in ASEAN member countries. Sunita previously worked at a 'Big 4' tax practice in corporate tax and tax policy. She has been involved in a multi-billion dollar international due diligence, engagements for regional governments and policy advice.

Sunita is a previous recipient of an Australian Learning and Teaching Council citation for 'outstanding contribution to student learning'.

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Director Associate Professor Mike Kobetsky

Dr Michael Kobetsky is an Associate Professor at Melbourne Law School. He is an Adjunct Professor at the Australian National University College of Law. Dr Kobetsky researches in transfer pricing, tax treaties, international anti- avoidance measures and domestic taxation, and he is the principal author of one of Australia’s leading taxation texts, which is now in its ninth edition (2016). His book, titled 'International Taxation of Permanent Establishments: Principles and Policy' was published by Cambridge University Press in 2011. Dr Kobetsky has published extensively on international taxation in journals in Australia, Canada and Europe. Dr Kobetsky is a member of the United Nations Sub-Committee on Transfer Pricing and the United Nations Sub-Committee on Extractive Industries Taxation Issues for Developing Countries. He has worked as a consultant for the OECD, USAID in Nepal, the World Bank in Indonesia, and GIZ (Deutsche Gesellschaft für Internationale Zusammenarbeit or German Society for International Cooperation which is the German government’s foreign-aid organization) in Laos and Malawi. Dr Kobetsky has 10 years’ experience as a senior executive officer with the Australian Taxation Office in their policy and legislation group designing and implementing tax law and policies.

Member Associate Professor Mark Burton

Dr Mark Burton has worked in the field of taxation law for more than 20 years: in private practice and also as an academic. Mark has taught extensively in the taxation law field at undergraduate, graduate and postgraduate levels. Mark has undertaken consultancies with the Australian Taxation Office and also with the Australian National Audit Office.

Mark’s research and scholarship on tax matters have been published both within Australia and internationally. This research spans technical tax issues, the theory and practice of tax administration, the ethical aspect of taxation law, tax policy and the tax legislative process. Mark is co-author of Understanding Taxation Law, LexisNexis, 2017 and Tax Expenditure Management – A Critical Assessment, Cambridge University Press, 2013. Mark completed his PhD (Law) at the Australian National University, and his doctoral dissertation examined the theory, history and practice of interpreting tax legislation.

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Member Professor Miranda Stewart, Faculty

Miranda Stewart is currently part-time at the Faculty, while being Director of the Tax and Transfer Policy Institute, Crawford School of Public Policy, Australian National University. Miranda teaches and researches across a broad range of tax law and policy topics including business taxation, tax and development, not-for-profits, and tax reform in the context of globalisation. She is an author or editor of several books, including Not for Profit Law (Cambridge Uni Press, 2014, with Harding and O’Connell), Sham Transactions (Oxford University Press, 2013 with Simpson), Tax, Law and Development (Edward Elgar, 2013, with Brauner), Death and Taxes(Thomson Reuters, 6th ed., 2014 with Flynn), Income Taxation Commentary and Materials (Thomson Reuters, 8th ed., 2017 with Cooper, Dirkis and Vann) and Housing and Tax Policy (Australian Tax Research Foundation, 2010). Miranda has been a visiting fellow at NYU School of Law, NY USA and at Christ Church, Oxford on the Melbourne-Oxford Faculty Exchange and is an International Research Fellow with the Centre for Business Taxation at Oxford University. Miranda was a Consultant to the Henry Tax Review into Australia's Future Tax System. Before joining the Faculty in 2000, Miranda taught at NYU in the leading International Tax program in the US and previously worked in the Australian Tax Office on tax policy and legislation and as a solicitor in a large law firm. She has taught in the graduate tax programs at Osgoode Hall Law School and the University of Toronto, Canada; and the University of Florida Levin College of Law, United States.

Centre Administrator Ms Cindy Halliwell Cindy Halliwell joined the University of Melbourne in 2010, as Communications co-ordinator for the Centre for Aquatic Pollution Identification and Management (CAPIM) in the Faculty of Science. In 2015 she joined the Melbourne Law School as Research Centre Administrator for several research centres, including the Tax Group. Cindy brings administrative and project management experience from the airline and finance industries. She holds a Bachelor of Arts in Public Relations/ Tourism, a Graduate Diploma in Business Administration and currently undertaking a Bachelor of Laws.

Tax Group | Annual Report

Adjunct Faculty

Mr Daniel Butler, DBA Lawyers Professor Lee Burns, University of Sydney Mr Michael Charles, Deloitte The Hon. Justice Jennifer Davies, Federal Court of Australia Mr Andrew de Wijn, Victorian Bar Mr Aldrin De Zilva, Greenwoods and Herbert Smith Freehills Mr Michael Evans, Taxsifu Mr Bryce Figot, DBA Lawyers Mr Michael Flynn, Victorian Bar Mr Martin Fry, Allens Mr Peter Gillies, Pitcher Partners Mr Stewart Grieve, Johnson Winter & Slattery Lawyers Professor Peter Harris, University of Cambridge Ms Michelle Herring, JGL Investments Pty Ltd Mr Paul Hockridge, Mutual Trust Mr Ron Jorgensen, Rigby Cooke Lawyers Mr Nasos Kaskani, Victorian Bar Mr Terry Murphy QC, Victorian Bar Mr Tim Neilson, Greenwoods and Herbert Smith Freehills Mr Frank O’Loughlin, Victorian Bar Mr Adrian O’Shannessy, Greenwoods and Herbert Smith Freehills The Hon. Justice Tony Pagone, Federal Court of Australia Mr Gareth Redenbach, Victorian Bar Professor David Rosenbloom, New York University Ms Shannon Smit, Transfer Pricing Solutions Mr Greg Smith, Australian Grants Commission Mr Philip Solomon QC, Victorian Bar Mr Eugene Wheelahan, Victorian Bar Mr David Wood, King & Wood Mallesons

Tax Group | Annual Report

Advisory Board Members

Member Name Organisation

Andrew Clements King & Wood Mallesons

Angela Wood KPMG

Daniel Butler DBA Lawyers

Fiona Dillon Australian Delegate to the OECD

Frank O'Loughlin Victorian Bar

Helen Symon QC Victorian Bar

James Fabijancic Deloitte

Jennifer Batrouney QC Victorian Bar

Justice Jennifer Davies Federal Court of Australia

Mark Burton Melbourne Law School

Michael Jenkins Australian Tax Office

Mike Kobetsky Melbourne Law School

Niv Tadmore Clayton Utz

Peter Gillies Pitcher Partners

Sunita Jogarajan Melbourne Law School

Terry Murphy QC (Chair) Victorian Bar

Tim Neilson Greenwoods + Herbert Smith Freehills

Tax Group | Annual Report

Visitors

Dr Jonathan Barrett Senior Lecturer Victoria University of Wellington Jonathan Barrett’s research interests include taxation theory and role of human dignity in everyday situations. His PhD applied fundamental human rights to a taxation system. Jonathan is also interested in the theory and practice of teaching law to non-vocational students.

Professor Michael Littlewood Professor University of Auckland Michael is a New Zealander but has spent many years in Hong Kong. He has degrees in law and politics from the University of Auckland and a doctorate in tax law from the University of Hong Kong. He is admitted as a barrister and solicitor in New Zealand, as a solicitor in England and Wales and as a solicitor in Hong Kong. He is an authority on New Zealand tax law, Hong Kong tax law, tax policy and tax history. Much of his work has been in the fields of tax planning, tax avoidance and international tax. His work has been published and cited in leading journals in New Zealand, the US, the UK, Australia and Hong Kong. He is a fulltime academic but has also from time to time provided advice to business interests and to the governments of several countries.

Professor Lisa Marriott Professor – School of Accounting and Commercial Law Victoria University of Wellington Lisa Marriott is Professor of Taxation at Victoria University’s School of Accounting and Commercial Law. Her research interests include social justice and inequality, and the behavioural impacts of taxation. Lisa has worked in the private sector in the UK and the public sector in New Zealand. Since 2008 she has worked in academia.

Tax Group | Annual Report

The Tax Program

Melbourne Law Masters (MLM) in Taxation

Subject Name Lecturer/s

Capital Gains Tax: Problems in Practice Mark Burton, Michael Flynn

Comparative Corporate Tax Peter Harris

Comparative International Tax Lee Burns

Comparative Tax Avoidance Tony Pagone, Eugene Wheelahan

Corporate Tax A (Shareholders, Debt and Frank O’Loughlin, Stewart Grieve, Nasos Kaskani Equity)

Corporate Tax B (Consolidation and Losses) Aldrin De Zilva, Michael Charles

Foundations of Tax Law Mark Burton, Miranda Stewart

Goods and Services Tax Principles Michael Evans

International Tax: Anti-avoidance Lee Burns

International Tax: Principles and Structure Michael Kobetsky, Peter Gillies

International Taxation in the US David Rosenbloom

Tax Policy Greg Smith

Tax Practice: Writing Effectively Jennifer Davies, Ron Jorgensen, Philip Solomon QC

Tax Treaties Michael Kobetsky

Taxation of Business and Investment Income Michelle Herring, Tim Neilson

Taxation of Business and Investment Income Lee Burns

Taxation of Major Projects Gareth Redenbach, Martin Fry, Tim Neilson, David Wood

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Subject Name Lecturer/s

Taxation of Small and Medium Enterprises Peter Gillies, Paul Hockridge

Taxation of Superannuation Bryce Figot, Daniel Butler

Taxation of Trusts Terry Murphy QC, Andrew de Wijn, Adrian O’Shannessy, Gareth Redenbach

Transfer Pricing: Practice and Problems Michael Kobetsky, Shannon Smit

JD Elective Subjects

• Taxation Law and Policy (JD) • Legal Research Taxation: Theory and Practice (Semester 2)

Breadth Subjects

These subjects are taught to non-law undergraduate students and exchange students undertaking undergraduate law degrees

• Taxation Law I • Taxation Law II

Tax Group | Annual Report

Events

SEMINAR: 5 April 2017

Held jointly with the International Fiscal Association (IFA) at the Federal Court of Australia

Panel discussion on Taxpayer Rights with special guest Ali Noroozi, Inspector-General of Taxation, following the release of the IGT report on this topic. Helen Symons QC prepared IFA national report on the topic for the IFA Congress and other panellist were leading experts from the legal profession and Australian Tax office, including Andrew Mills, Second Commissioner; Hugh Paynter, Partner in the Sydney Disputes practice of Herbert Smith Freehills, and; Niv Tadmore, Partner, Clayton Utz.

SEMINAR: 1 May 2017

International Organisations: implementing Tax Reforms in Developing Countries Professor Lee Burns

Professor Lee Burns discussed the role that international organisations play in developing and implementing tax reforms in developing countries. Lee talked particularly about BEPS implementation in developing countries. Lee has worked on tax reforms in developing countries for over 25 years as part of the technical assistance programs of international organisations, particularly the International Monetary Fund (IMF) and World Bank (WB).

Annual Tax Directors Lunch: 6 September 2017

Tax Lunch with Mentors, International Students and Special Guest, Professor Michael Littlewood

Tax mentors and international students were invited to attend lunch with the Tax Group Directors and special guest Professor Michael Littlewood. This is an annual event by invitation only and provides an opportunity for students to meet academics and industry professionals.

Tax Group | Annual Report

SEMINAR: 7 September 2017

Using New Zealand Trusts to Escape Other Countries’ Taxes Professor Michael Littlewood

Abstract: In recent years numerous foreigners (including some Australians, a Malaysian playboy billionaire, a Maltese politician, and the manager of an English premier league football club) have set up trusts in New Zealand. This would appear to have enabled them to escape tax in their home country and perhaps also to conceal the proceeds of crime. In 2017 the government amended the law with a view to preventing such abuses, but what happened to the trusts already established and the hundreds of billions of dollars’ worth of assets they held remains unclear.

Speaker: Michael Littlewood is a Professor in the Faculty of Law at the University of Auckland. He is a New Zealander but has spent many years in Hong Kong. He has degrees in law and politics from the University of Auckland and a doctorate in tax law from the University of Hong Kong. He is admitted as a barrister and solicitor in New Zealand, as a solicitor in England and Wales and as a solicitor in Hong Kong. He is an authority on New Zealand tax law, Hong Kong tax law, tax policy and tax history. Much of his work has been in the fields of tax planning, tax avoidance and international tax. His work has been published and cited in leading journals in New Zealand, the US, the UK, Australia and Hong Kong. He is a fulltime academic but has also from time to time provided advice to business interests and to the governments of several countries.

SEMINAR: 2 November 2017

Are We All Equal in New Zealand? Professor Lisa Marriott

Lisa’s presentation examined situations in New Zealand where individuals who are least advantaged will be treated more punitively than those who are most advantaged. Examples of investigations, prosecutions and sentencing from cases of tax evasion and welfare fraud will be used for illustration, together with approaches to tax and welfare debt management. The presentation also highlighted the different definitions used for tax and welfare purposes that lead to different outcomes.

Lisa Marriott is Professor of Taxation at Victoria University’s School of Accounting and Commercial Law. Her research interests include social justice and inequality, and the behavioural impacts of taxation. Lisa has worked in the private sector in the UK and the public sector in New Zealand. Since 2008 she has worked in academia.

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Publications

Books (authored and edited)

Stewart, Miranda (ed) Tax, Social Policy and Gender: Rethinking Equality and Efficiency (2017) ANU Press: Canberra.

Research Book Chapters

Edwards, Meredith and Stewart, Miranda, ‘Pathways and Processes towards a Gender Equality Policy’ in Stewart, Miranda (ed) Tax, Social Policy and Gender: Rethinking equality and efficiency (2017) ANU Press: Canberra, 325-348

Jogarajan, Sunita, ‘The "Great Powers" and the Development of the 1928 Model Tax Treaties’ in Harris, Peter (ed) Studies in the History of Tax Law (2017) Cambridge University Press: Cambridge Vol. 8, 341-362

Kobetsky, Michael, ‘Intra-Group Services’, United Nations, Practical Manual on Transfer Pricing for Developing Countries (2017) United Nations: New York, B.4. 229-271 Kobetsky, Michael, ‘Cost Contribution Arrangements’ United Nations, Practical Manual on Transfer Pricing for Developing Countries (2017) United Nations: New York, B.6. pp 319-338

Stewart, Miranda, ‘Gender Inequality in Australia's tax-transfer system’ in Stewart, Miranda (ed) Tax, Social Policy and Gender: Rethinking equality and efficiency (2017) ANU Press: Canberra, 1-34

Stewart, Miranda, Voitchovsky, Sarah and Wilkins, Roger ‘Women and top incomes in Australia in Stewart, Miranda (ed) Tax, Social Policy and Gender: Rethinking equality and efficiency (2017) ANU Press: Canberra, 257-292

Stewart, Miranda ‘The Doctrine of Sham and Tax Avoidance’ in Hashimzade N and Epifantseva Y (eds) The Routledge Companion to Tax Avoidance Research (2017) Routledge: UK

Stewart, Miranda ‘Two Ideas for Renewal of Australia’s Fiscal Federal Democracy’ in Brown et al (ed) A People’s Federation for the 21st Century (2017) Federation Press: Sydney, 164-182

Stewart, Miranda (2017) ‘Australia’s Hybrid International Tax System: A Limited Focus on Tax and Development’ in Brown, Karen B (ed) Taxation and Development – A Comparative Study (2017) Springer: New York, 17-42

Revised Books Cooper, Graeme, Dirkis, Michael, Stewart, Miranda, Vann, Richard Income Taxation: Commentary and Materials (2017, 8th ed) Thomson Reuters: Sydney

Sadiq, Kerrie, Cynthia Coleman, R Hanegbi, Jogarajan, Sunita, Krever, Rick, W Obst, J Teoh, Ting, Antony, Principles of Taxation Law (2017) Thomson Reuters: Sydney

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Taylor, John, Walpole, Michael, Burton, Mark, Ciro, T and Murray, Ian, Understanding Taxation Law 2017 (2017) LexisNexis: Sydney

Refereed Journal Articles

Burton, Mark, A Review of Judicial References to the Dictum of Jordan CJ, Expressed in Scott v Commissioner of Taxation, in Elaborating the Meaning of 'Income' for the Purposes of the Australian Income Tax. Journal of Australian Taxation. 19. 2017

Emery, Joel and Stewart, Miranda, The Taxing Challenge of Digital Currency. Journal of Banking and Finance - Law and Practice. 28. 2017

Ingles, David and Stewart, Miranda, Reforming Australia's Superannuation Tax System and the Age Pension to Improve Work and Savings Incentives. Asia & The Pacific Policy Studies. 4. 2017 doi: 10.1002/app5.184

Other Journal Articles, Reports and Working Papers Godber, P and Stewart, Miranda ‘Speed dating in the new tax era: the BEPS Convention kicks off’ (2017) The Tax Specialist 16-27

International Monetary Fund, Selected Issues Country Report: Indonesia (27 December 2016) IMF Country Report No. 17/48 (70 pages), published February 2017. Prepared by Jongsoon Shin, Hui Jin, Thornton Matheson, Narine Nersesyan, Michael Kobetsky, Yinqiu Lu, Juul Pinxten, Pablo Ariel Acosta, and Changqing Sun

Media, Blogs and Commentary

• Ingles, David, Murphy, Chris and Stewart, Miranda How Australia can afford to cut company tax, 17 November 2017, Asia Pacific Policy Forum. • Stewart, Miranda New Tax Treaty Will Close Loopholes That Allow Multinationals to Avoid Tax, 16 June 2017. • Stewart, Miranda Budget Forum 2017/Women in Economics: Tax, Transfers and Budget Fairness, 30 May 2017.

• Interview on Q&A (ABC) – Miranda Stewart https://taxpolicy.crawford.anu.edu.au/news-events/news/10069/miranda-stewart-qa

Tax Group | Annual Report

Tax Discussion Group

The Tax Group assists with the coordination of the Tax Discussion Group led by Terry Murphy QC. The discussion group meets monthly to discuss current and topical taxation issues. Members include practitioners and academics associated with the Melbourne Law Masters Program.

TAX DISCUSSION GROUP TOPICS 2017

February Gareth Redenbach - Source of Income.

March Patrick Broughan - Division 974.

April Dan Butler - Superannuation Reform: key strategies and traps to be addressed before and after 30 June 2017.

June Peter Gillies - Division 7A, UPEs and Sub-Trusts.

July Gareth Redenbach - The OECD's Multilateral Instrument, with special guest Greg Wood and Wingchun Yung (Treasury) commenting on Australia's approach.

August Terry Murphy - Section 295-550 of the Income Tax Assessment Act-Non-arms Length Income of a Complying Superannuation Fund

September Gareth Redenbach - Topic: 1. An overview of investment vehicles, deductibility and offset incentives applying to Division 360 and Division 61 investments; Topic 2. Real world ratio and points based compliance issues; and Topic 3. Flow through of offset entitlements to partners and beneficiaries of trusts under Divisions 360 and 61.

October Yina Tang presenting on Foreign Residents and Capital Gains.

November Round table tax topics

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Tax Group

Phone: +61 3 9035 4548 Email: [email protected]

Web: http://law.unimelb.edu.au/centres/tax-group

Tax Group | Annual Report