Indirect tax

Indirect taxes in Australia include:

• Goods and services tax (GST or VAT) is imposed on supplies of goods, services and intangibles such as rights. Similar to Vaue Added Tax it is an area where international clients who enter into contracts in Australia can be particularly exposed to unexpected liabilities.
• Duty (or stamp duty) is imposed at state level on dutiable transactions most commonly transfers of real property, certain business assets, units and shares in certain companies and trusts, trust settlements etc. Each state has its own laws and rates and a transaction must be analysed to determine liabilities for duty which may arise in more than one state on a single transaction.
• Land tax - annual tax on the market value of land;
• Payroll tax - potentially payable by employers on their salary bill.

Services  

At Enslin and Associates we aim to ensure that our local and overseas clients can determine and plan for their indirect tax liabilities and in many cases we assist clients to structure transactions within the letter of the law so as to avoid or reduce their indirect tax liability or to recover such liabilities from other parties to a transaction. This is often a holistic exercise often coupled with strategies for income tax and capital gains tax planning.

We encourage all foreign companies to have contract documentation and proposals prepared by their local customers reviewed by experienced Australian business and tax lawyers who have the overseas clients’ interests at heart.

Enslin and Associates is frequently retained by Australian corporations or their accountants or other advisors to advise on indirect tax liabilities, whether incurred locally or having an overseas connection. Our assistance usually involves analysis and restructuring of the transaction, review and / or drafting of documentation, preparation of private ruling applications or reasonable care papers.

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