Australia

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Practice area

World TP Reviews

Transfer pricing
Ashurst Australia

The team engages in APAs in order to assist clients with tax disputes avoidance. The transfer pricing team tailors advice to ensure that clients maximise their tax benefits and manage risk in an appropriate way. The firm takes advantage of well-established principles to help businesses manage their own tax rates. Some of partners also sit on OECD, EU and regional committees.

Baker McKenzie

Dixon Hearder is the head of the transfer pricing practice at Baker McKenzie. He leads several engagements with the ATO on the multinational anti-avoidance law (MAAL), GST and other multinational tax reviews. The transfer pricing team is also supported by Tom Brennan, who has more than 13 years of transfer pricing and international tax experience in the UK and Australia. Tom Brennan represents clients in their dealings with revenue authorities, involving tax controversy defence and settlement, the negotiation of APAs, and other advance clearances. The multidisciplinary practice is comprised of economists, accountants, valuation experts, direct and indirect tax specialists. The practice also includes legal experts in intellectual property, corporate law, contracts, employment and dispute resolution.

In 2017, Wiliam Malouf, Thomas Garwood and Gareth Austin joined the firm. In 2018, Struan Davidson joined the firm.

Clayton Utz

Andrew Sommer and Niv Tadmore lead the transfer pricing practice at Clayton Utz. Niv Tadmore is a member of the Australian Treasury’s BEPS advisory group. The team specialises in transfer pricing disputes and documentation. It has addressed some transfer pricing dispute cases covering diverse industries, including marketing, services, shipping and procurement, financing, financial derivatives, manufacturing, intellectual property and the distribution of minerals. Clayton Utz also assists clients with the strength and viability of transfer pricing documentation, drawing on its experience in dealings with the ATO on transfer pricing issues. 

One example of its recent work sees its assisting a client with a transfer pricing dispute, valued at $650 million. The project is a comprehensive settlement covering a wide range of financing issues. In addition, the team also advised a client on negotiating payment arrangements for disputed transfer pricing liabilities. 

In 2017, Sian Jackson-Findlay and David Lee joined the firm as a senior lawyers. Steven Small also joined the firm as a tax counsel. In 2018, Shinasa Wasimi joined the firm as a senior associate.

Deloitte Australia

Deloitte in Australia is comprised of more than 55 professionals, led by Graeme Smith, located in Parramatta, Western Sydney. The team engages with industries that have deep technical specialisations. Jacques Van Rhyn and John Band specialise in oil and gas area; Fiona Craig, Paul Riley and David Letos specialise in mining and agribusiness area; Geoff Gill and Ockie Olivier specialise in the financial services and transactions area; Cam Smith, Soulla McFall and Kerry Lambrou specialise in consumer business area. The team has the capability to deal with ATO APAs and disputes, which are supported by Brad Edwards and Chris Thomas. Brad Edwards and Chris Thomas are former senior ATO personnel with 30 years of experience. In addition, the firm takes advantage of the TP digital DoX platform and CDX to deliver transfer pricing services digitally.

In the past year, the firm assisted a client with APA settlement. The settlement and APA involved ATO sign-off on transfer pricing, multinational anti-avoidance law and the diverted profits tax. The case required not only economic analysis but also strategies to engage with the ATO. In addition, it also involved close work with international tax capability to manage the corporate income tax issues adjacent to transfer pricing.

In 2017, Mark Wilkie joined the firm as a director. In 2018, Caton Walker joined the firm as a director.

DLA Piper Australia

Jock McCormack is the head of the transfer pricing department at DLA Piper. The practice helps clients in delivering optimal transactional outcomes, tax efficient structures and participating and planning for changes in tax laws and regulations. The team is supported by its global team of more than 300 tax lawyers and economists. The firm provides services across a wide range of industries, including corporate, real estate, employment, finance, intellectual property and restructuring.

Jock McCormack and Eddie Ahn advised a client on a matter of sale of a Latin American businesses. The team offered taxation advice regarding the client’s sale of its Latin American operations. In addition, they also helped the client prepare the vendor’s versions of the sale documentation for this transaction.

In 2018, the firm has expanded by hiring Kenny Mui and Michelle Ma. Kenny Mui works as a senior associate and Michelle Ma works as a senior lawyer at DLA Piper.

KPMG Australia

Frank Putrino and Tony Gorgas lead the transfer pricing practice at KPMG. Frank Putrino has extensive experience of Asian expansion projects and advises clients on transfer pricing controversy. Tony Gorgas has more than 20 years of experience helping multinational groups on transfer pricing issues. The transfer pricing leadership team is also supported by Jeremy Capes, Clen Hutchings, Jane Rolfe and David Bond. KPMG is engaged in various thought leadership initiatives in order to offer a consistent transfer pricing framework for businesses, advisors and the government. The team has a global network of transfer pricing practices across KPMG member firms.

In the past year, Glen Hutchings and Erik Straub assisted a client with a transfer pricing issue. The team leveraged their expertise to effectively navigate the ATO’s MAAL program. In this project, KPMG involved in the multinational anti-avoidance law process during the second stage of ATO evaluation of the business. The team helped the client demonstrate to the ATO the low risk nature of their business. 

MinterEllison

Craig Silverwood leads the transfer pricing practice at MinterEllison. He advises clients on the negotiation of APAs, ATO transfer pricing audits and reviews, global transfer pricing planning, documentation studies and consideration of the impact of BEPS action items. The firm helps clients navigate through various reform measures, including multinational anti-avoidance law, Country-by-Country Reporting and diverted profits tax. The practice involves documentation, transfer pricing policies and compliance measures and disputes. The team provides a transfer pricing litigation capability that acts both for and against the ATO. This capability allows it to offer clients the benefit of certainty with international tax positions through the team’s regulator perspective in structuring transactions.

In 2017, MinterEllison represented the Commissioner of Taxation in the landmark transfer pricing litigation against Chevron. The result was that the ATO has won and been upfront about taking a more activist role in policing and enforcing Australia’s transfer pricing legislation.

In 2017, Craig Silverwood and James Momsen, who once worked with the big four firms, joined the firm as a partners.

Pitcher Partners

Theo Sakell is the head of the transfer pricing department at Baker Tilly Pitcher Partners. The team is also supported by two experienced transfer pricing professionals, Aileen O’Carroll and Christine Cornish. The firm provides a wide range of transfer pricing services. This includes country-specific transfer pricing health checks, the implementation and operationalisation of transfer pricing policies and the undertaking of various economic analysis to support pricing of international related party transactions. It also works on the preparation of transfer pricing documentation to provide clients with the basis for a reasonably arguable position to assist in the mitigation of penalties in the event of ATO assessment under audit.

In 2017, Christine Cornish, who once worked at NAB, joined the firm as a client director in transfer pricing area.

TP Equilibrium

Leslie Prescott-Haar is the managing director of the transfer pricing at TP Equilibrium. She has more than 24 years of experience in transfer pricing practice in both Australia and New Zealand. She also has an additional 10 years of corporate taxation experience in big four firms, specialising in mergers, acquisitions, bankruptcies and reorganisations based in US. The firm has a wide range of transfer pricing practices, including global supply chain strategies, global transfer pricing policy analysis, design and implementation of sustainable strategies and policies, among others.

Leslie Prescott-Haar, Stefen Sunde and Sophie Day is assisting a client with negotiating a New Zealand-Australia bilateral APA. The bilateral APA involves complex transactions and technical issues. The firm also advised a client on the application of transfer pricing principles regarding Australian non-TP taxation issues as to resolve a dispute.

Transfer Pricing Solutions

Shannon Smit is a director and the head of the transfer pricing team at Transfer Pricing Solutions. Shannon Smit has more than 20 years of experience in transfer pricing, taxation and accounting area. She has also been appointed to the Australian government’s Board of Taxations Advisory Panel. The team comprises 13 professionals who once worked with the big four firms. The team has the capability to speak five languages including Mandarin and Indonesian, which have become key markets. The firm provides education and training to various industries. In addition, the team allies with accounting and law firms and is also a member of Global Alliance. The firm has a wide range of clients, including large ASX listed companies, private Australian companies, SMEs, foreign subsidiaries based in Australia and accounting and law firms. 

In 2018, Hong Chuan Tan joined the firm as a consultant. He has experience of transfer pricing documentation and planning, intercompany loans documentation, design and implementation of transfer pricing policies and benchmarking and economic analysis.