Australia: Transparency still tops Australian Government’s agenda

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Australia: Transparency still tops Australian Government’s agenda

mccormack.jpg

Jock McCormack

The Australian Government is continuing its strong focus on greater tax transparency, disclosures, reporting and stricter transfer pricing documentation requirements. The Australian Taxation Office (ATO) has also elevated its examination of perceived international tax abuses, including offshore marketing hubs, procurement hubs, permanent establishment (PE) status and financing arrangements. Multinationals entities (MNEs) are under the spotlight both internationally, through the OECD/G20 BEPS project, and domestically in Australia, by way of the Senate inquiry into corporate tax avoidance.

Expanded transfer pricing documentation standards and penalty exposure

Draft legislation has been publically released on August 6 2015, impacting MNEs with annual global revenues in excess of A$1 billion (US$740 million). This draft legislation will:

  • firstly, provide the framework for disclosure of much greater international tax and related information including country-by-country reporting, consistent with proposed OECD standards; and

  • secondly, significantly increase penalty exposures for tax avoidance and profit shifting schemes.

Voluntary transparency and anti-hybrid rules: Action on 2015-16 Budget announcements

As announced in the 2015-16 Budget (handed down in May), the Australian Government is commencing work with businesses to develop a code on the public disclosure of greater tax information by large MNEs in Australia.

The Board of Taxation (the Board) has received the terms of reference to develop the code which will provide a framework for large businesses to voluntarily take the lead and be more transparent about their compliance with Australian tax law.

The Board is also commencing consultation on the implementation of proposed anti-hybrid rules which may neutralise hybrid mismatch arrangements, consistent with the recommendations of the G20 and OECD under BEPS Action 2. The key implementation strategies are focussed on eliminating double non-taxation with regard to interactions between Australia's domestic legislation (debt/equity rules), international obligations (treaties) and the proposed new anti-hybrid rules.

Foreign resident CGT withholding regime

Draft legislation has been released which introduces a new regime imposing a 10% non-final withholding obligation on purchasers of certain Australian assets (for example, direct or indirect interests in taxable Australian real property (TARP) or assets of Australian permanent establishments) where the purchaser has reason to believe the vendor is a foreign resident. The purpose of the regime is to facilitate the collection of foreign residents' capital gains tax (CGT) liabilities. At present, voluntary compliance by foreign residents, with respect to payment of CGT liabilities on capital gains made from the disposal of Australian assets, is perceived to be low and it is challenging for the ATO to successfully enforce compliance measures.

Advance pricing agreements

As the Australian Government focuses its attention on multinational transfer pricing arrangements, tax administrations worldwide are introducing new legal measures and increasing enforcement efforts on transfer pricing. In these increasingly challenging and uncertain times, MNEs globally are seeking certainty concerning their tax affairs wherever available. Advance pricing agreements (APAs), where appropriate, can provide MNEs with the ultimate certainty concerning their transfer pricing arrangements. Following recent changes to the Australian transfer pricing legislation and the establishment of a new APA programme management unit within the ATO, on July 24 2015, a new practice statement on APAs (PS LA 2015/4) has been introduced. This new PS provides guidance to ATO staff on APAs, including mutual expectations, when the ATO is likely to enter into an APA, the process to be followed and the risk exposure on open tax years. It reflects (a) a principle-based approach; (b) streamlined process and practices to improve timeliness; and (c) reduction of red tape.

Offshore marketing and procurement hubs

The ATO is also now addressing issues regarding compliance with the new transfer pricing regime (Division 815) in respect of the use of related party offshore marketing hubs and offshore procurement hubs which are used in the sourcing, or supply, of goods on behalf of Australian MNEs. In particular, the ATO is concerned that certain offshore procurement hub structures have been established by MNEs to mitigate the controlled foreign company (CFC) rules and to shift profits.

Jock McCormack (jock.mccormack@dlapiper.com)

DLA Piper

Tel: +61 2 9286 8253

Website: www.dlapiper.com

more across site & shared bottom lb ros

More from across our site

Ethics seems to be playing a subservient role to an entitlement culture borne out of a pervasive ‘revenue at all costs’ mentality at the big four
Historical World Tax data suggests the ‘largest law firm merger in history’ may not pose a serious threat to the world's leading tax practices
The repeal of Libya’s statute of limitations and tougher enforcement leave taxpayers navigating a high-stakes choice between conciliation and litigation
All the tax partners elevated across the UK, US and Singapore were private client specialists, continuing a market trend of intense investment and competition
Rolf van de Velde, dubbed ‘an expert chosen by experts’, is tasked with scaling Reptune’s self-service compliance offering
The newly combined firm brings together more than 3,500 practitioners across 52 offices, with flagship hubs in Seattle, London, Sydney and New York.
Building a transparent culture, prioritising internal promotions and being different from the big four are all key features of A&M Tax’s ambitious plans for India
ITR’s Indirect Tax Forum 2026 showed why harmonisation remains elusive, advisers must raise their game, and ‘everyone’s data is rubbish’
The firm’s board has reportedly asked Kevin Burrowes to continue until 2028 as the KPMG Australia scandal raises expectations of regulatory reform
A former Deloitte partner will lead the firm’s latest geographic expansion; in other news, Baker McKenzie added six tax lawyers to its partnership
Gift this article