Financial Services Taxation

Minter Ellison's financial services tax experts advise on the tax and duty treatment of all forms of debt instruments and financial arrangements – including Australian withholding tax exemptions and other tax issues for syndicated global lending arrangements (e.g. 144A bond issues), duty and tax issues for refinancing and debt restructures, securitisation arrangements, lease financing and the tax treatment of other financial arrangements such as hybrid securities, derivatives, options, swaps and foreign exchange transactions.

Our team also advises on income tax issues for financial transactions and arrangements such as the application of the debt and equity regime, limited recourse debt, thin capitalisation rules and debt deductions, accruals assessability (Division 16E), taxation of financial arrangements regime, deemed loan treatment for certain financial benefits (Division 250 & Division 16D), the commercial debt forgiveness rules, bad debt deductions and tax issues arising in relation to insolvencies, voluntary administrations and liquidations.

We also have significant experience in advising on GST issues applicable to the financial services sector.

24 November 2011

The Australian Government announced in the 2010-11 Budget that it would phase down the rate of interest withholding tax (IWT) for financial institutions from 2013-14.  This measure has now been deferred by one year to 2014-15 (saving the Budget A$70 million in each of 2013-14 and 2014-15).