Lawyers

How often do you find yourself using the caveat, “we strongly recommend that you obtain tax advice” to alleviate your risk? We get it. You don’t like tax. And you don’t do numbers. Quite the contrary at Birchstone – tax is our thing!

Our directors have considerable experience working with experts in other areas of the law. We understand your drivers and the outcomes that you are working toward with your clients. By working with us, you can be confident that expert tax advice is being obtained while retaining control of your matters and timeframes.

Consider us your in-house tax team.

On a client-by-client basis, we can either engage with your firm or with your client directly and as we solely work in the tax law space, you know that your client relationships are protected. Alternatively, you may be interested in a subscription arrangement for your firm or ‘white-labelling’ our advice. You choose what works best for you.

We’re also happy to share our knowledge – get in touch if you’d like us to do some training for your team.

Here are some ways we can work with you:

Family lawyers

We have considerable experience working with family lawyers to ensure tax and trust law issues are properly dealt with in property settlements. In particular:

  • advising on the tax implications of property settlements, including Division 7A and capital gains tax (CGT)
  • identifying historical tax and trust law issues, including invalid trust distributions
  • devising strategies to deal with loans to and from companies, unpaid trust distributions (UPEs) and retained company earnings
  • restructuring businesses and groups to allow the assets to split as desired
  • providing expert evidence for trial

Commercial / corporate lawyers

Our expertise is in ensuring that tax implications do not derail a deal. For M&A transactions, we regularly provide:

  • income tax and capital gains tax advice
  • duty and landholder advice
  • GST advice and drafting and review of GST clauses
  • drafting and review of tax warranties and indemnities
  • preparing tax sharing and funding agreements

Employment lawyers

Employers are on the frontline in managing employment taxes. We can work with you to support your client in understanding:

  • their withholding obligations, including their superannuation guarantee obligations
  • the taxation of employment termination payments
  • tax implications of Deeds of Settlement
  • any tax exposure arising from their employment contracts

Property lawyers

We can work with you to optimise your client’s tax position whether they are acquiring, developing or selling land or indirect interests in land. We have considerable experience advising on:

  • structuring or restructuring interests
  • capital v revenue disputes
  • goods and services tax (GST)
  • state duties and landholder transactions
  • land tax exemptions and concessions.

Litigators

We can support your advocacy by:

  • acting as expert witnesses in relation to tax matters
  • advising on the tax implications of orders sought or proposed settlement agreements

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Birchstone Brief

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