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Acquisition: AusCo acquires a foreign business paper


This paper covers:

  • overview: case study and scope
  • scenario A: acquisition of a Hong Kong agent (entity vs asset acquisition)
  • scenario B: treaty shopping structure
  • scenario C: funding via hybrid instrument.

Author profiles

Sylvester Urban
Sylvester Urban is a Senior Associate in the KWM tax group with over 10 years’ experience. Sylvester has specialist expertise in income tax, GST and stamp duty aspects of corporate and financial transactions, and is particularly sought after for his knowledge of international tax regimes. Sylvester also has experience in tax audits and tax litigation with tax authorities and advises on the taxation of not-for-profits. Sylvester is at the forefront of legal and industry developments and regularly advises clients on new and untested areas of tax law. - Current at 09 August 2021
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Kai-Chen Lamb
Kai-Chen is a partner in the Taxation team, based out of the Melbourne office, with approximately 15 years’ experience advising on tax issues associated with the financial services and funds management industries. She specialises in Australian income tax with an emphasis on the tax treatment of managed funds, property, infrastructure, financing, mergers and acquisitions and cross-border investment. Kai-Chen has represented a number of significant Australian and foreign institutional investors on significant investments in Australia, including negotiating on behalf of such investors in their interactions regarding tax-related issues with regulatory authorities in Australia, including the Australian Taxation Office and FIRB. - Current at 01 October 2019
Michael Evans CTA
Photo of author, Michael EVANS Michael Evans is in his 47th year of working in the Australian taxation system. His current roles include: • a Senior Fellow of University of Melbourne where he conducts a GST principles subject in the University’s Masters level tax courses; and • a member of the design and examinations panel of the Taxation Institute’s CTA3 panel; • The General Editor of the Australian GST journal. Over recent years, has provided advice and assistance on the design and legislation of indirect taxation systems, for: • The Australian and State Treasuries; • The International Taxation and Investment Centre’s missions in Myanmar; and • The Canadian Ministry of Finance - Current at 26 April 2017
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Cassandra Hamill
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