Taxation Law

Taxation Law Lawyers in Perth, Western Australia

Balfour Meagher offers high level taxation law expertise, drawing on the expertise of a Senior Lawyer with decades of experience, developed while holding senior roles at the Australian Taxation Office, and during extensive private practice.

Our taxation capability can be drawn on across a range of matters, whether or not they have a primarily tax focus. Tax is after all a factor in transactions of many types, and whether you are buying, establishing or restructuring a business, or planning your estate, you can rely on us to be mindful of the taxation consequences of each step in the process.

We will also advise you on and dealings you may have with the ATO, whether involving audits, objections and appeals, or requests for rulings.

If you are looking for a Perth taxation lawyer who combines technical expertise with practical, commercially grounded advice, you have come to the right place.

Our Taxation Law Services

Tax Advice

We provide clear, practical advice on how Australian tax law applies to your specific situation. Whether you are an individual, a family group, a small, medium or large business, and whether you operate solely in Australia, or across multiple jurisdictions, we can help you understand your obligations, and the opportunities for operating in a tax effective manner.

The areas on which we advise include:

Income tax, both personal and corporate
Capital Gains Tax (CGT)
Goods and Services Tax (GST)
Land Tax (WA)
Payroll Tax (WA)
Stamp/Transfer Duty (WA)

How can we Help?

Tax Structuring

Choosing the right business or investment structure from the outset can save significant tax over the venture’s life. Getting it wrong or failing to review it as circumstances change can be costly.

We advise on tax effective structures for:

New business ventures: choosing between sole trader, partnership, company, or trust structures, with regard to tax, asset protection, and succession implications
Business expansion: both domestically and into international markets, including the tax treatment of foreign income, cross-border transactions
Acquisitions and divestments: advising on whether an asset or share purchase is preferable from a tax perspective, and structuring to access available rollover relief and CGT concessions
Trust structures: establishment, review and variation of discretionary trusts and unit trusts
Self-Managed Superannuation Funds (SMSFs): establishment, limited recourse borrowing arrangements), and estate planning
Family and succession planning: structuring intergenerational wealth transfers in a tax effective manner, including the use of testamentary trusts

Division 7A Loans and Unpaid Present Entitlements

Division 7A is one of the most misunderstood and misapplied areas of Australian tax law, and non-compliance with it can have severe consequences for private company shareholders and their associates. Similarly, the law surrounding Unpaid Present Entitlements is much misunderstood.

We advise on:

Division 7A loan agreements: structure, minimum interest rates, and repayment terms
Unpaid Present Entitlements (UPEs): the effect that the presence of a UPE has on both the trust and the beneficiary
Refinancing and restructuring existing Division 7A arrangements

Capital Gains Tax (CGT) Planning

CGT is often a significant cost in a business sale, property transaction, or estate distribution. Careful planning before a transaction (not after) is essential to minimising exposure.

We assist with:

CGT consequences of selling a business or business assets
Main residence exemption for property
CGT rollover relief
Small Business CGT Concessions
CGT and deceased estates

Tax Disputes and ATO Engagement

Any dealings with the ATO require strategic thinking, and measured, well informed communication. We have direct experience with the ATO from both an “internal” and an “external” perspective. We know “how the ATO thinks”, and how it approaches audits, objections, and appeals.

We assist with:

Responding to ATO information requests for information and position papers during audits
Representing clients throughout the audit process (including attending meetings with the ATO as necessary)
Assisting with voluntary disclosures, with a view to reducing penalties
Preparing and lodging formal objections to ATO assessments
Conducting Administrative Review Tribunal (ART) proceedings
Conducting Federal Court appeals
Negotiating payment plans and settlements for tax debts
Preparing penalty remission applications
Advising in relation to options under the insolvency law
Advising in relation to Director Penalty Notices

Tax Due Diligence in Commercial Transactions

When buying or selling a business, tax due diligence is essential. Unidentified tax issues can present issues both at settlement, or in the future.

We undertake tax due diligence, and advise on remedial steps, in the context of:

Business acquisitions and share purchases
Mergers and corporate restructures
Property development transactions
Succession and estate distributions involving business assets

International Tax

As businesses expand beyond Australian shores, or as foreign investors enter the Australian market, cross border tax issues become an increasingly significant component of Australian business life.

We advise on:

Tax residency for corporate and individual (including advising on change of residency)
Foreign investment in Australian property and businesses (including FIRB implications)
Withholding tax on dividends, interest, and royalties
The tax treatment of overseas income for Australian residents

Who We Help

Our taxation law clients include:

Private business owners and family groups
Company directors and shareholders
High net worth individuals and investors
Property developers and investors
Accountants and financial advisers seeking specialist legal tax counsel
SMEs navigating growth, restructure, or exit
Trustees of discretionary trusts and SMSFs
Executors and beneficiaries of estates with complex tax issues

Frequently Asked Questions: Taxation Law in Perth

Do I need a tax lawyer or a tax accountant?

You always need a good tax accountant, but on some occasions, you need a tax lawyer too. Tax accountants provide a valuable range of services, and generally know your business and tax affairs very well. However, sometimes advice from a tax lawyer is warranted. We generally like working in conjunction with your tax accountant, to give you the best possible coverage.

What is legal professional privilege and why does it matter in tax disputes?

Advice given by a lawyer to a client is protected by legal professional privilege, meaning you generally cannot be compelled to disclose it. Advice given by an accountant does not attract the same protection. When you are involved in a dispute with the ATO, having had your tax advice provided by a lawyer rather than an accountant adds a significant layer of protection.

What should I do if I receive an ATO audit letter?

You would generally discuss it with your accountant first, but if that is not possible or practicable, you should contact us before responding to the ATO. The way you respond to initial ATO enquiries can significantly affect the outcome of an audit. We can review the scope of the audit, advise you on your rights and obligations, and manage the ATO engagement on your behalf.

Can Balfour Meagher assist with matters involving both WA state taxes and federal taxes?

Yes. Our Senior Taxation Lawyer has experience across both Commonwealth taxes (Income Tax, CGT, GST, FBT) and Western Australian state taxes (Land Tax, Payroll Tax, and Stamp/Transfer Duty).

Speak to a Perth Taxation Lawyer Today

Tax law rewards early advice and punishes delayed action. Whether you are structuring a new venture, contemplating a transaction, responding to the ATO, or simply wanting to understand your position, Balfour Meagher is ready to assist.