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Philip Diviny

Partner
+61.3.9640.4221
Fax +61.3.9205.2055
Mr. Diviny advises a broad range of clients including Australian and foreign based corporates, partnerships, joint ventures and governments. His main areas of expertise include mergers and acquisitions, due diligence, tax structuring, property and construction, project and structured finance and tax audits and investigations.

Achievements

  • Newsmaker of the Year at the Lloyd’s List DCN Australian Shipping and Transport Awards, 2005.

Professional/Civic Activities

  • Chartered Accountant
  • Chartered Tax Adviser
  • Law Institute of Victoria

Speaking Engagements

  • "Transfer Pricing won't fix 'Google' tax issues" Board Room Radio, June 22, 2012
  • "Key Budget Take outs" presented to Board Room Radio, May 13, 2011
  • "Wider anti-avoidance provisions likely following consultation" presented to Board Room Radio, January 28, 2011
  • "Tax clarity boosts private equity" presented to Board Room Radio, August 19, 2010

General taxation

  • Acting for Veolia Water in respect of the tax issues arising from its participation in the BassWater consortium’s bid for the Victorian desalination plant including advice on structuring Veolia’s substantial equity contribution into Australia, the impact of Division 250 of the Income Tax Assessment Act to the project and the utilisation of losses.
  • Acting for members of the Australian Shipowners Association in respect of the implications of TR 2002/D11 including preparation of a detailed submission to the International Tax Rulings Panel and appearance before the Panel that resulted in the Australian Taxation Office reversing their position in respect of the royalty withholding tax treatment of time charters on publication of the final ruling TR 2003/2.
  • Acting for Digital Harbour in respect of taxation issues arising from its successful bid for the Comtechport precinct in Docklands including tax effective structuring of the Federation Fund Contribution to the project and the GST implications of the Federation Fund Contribution.
  • Acting for Multiplex in respect of its successful bid for the Perth Convention and Entertainment Centre project, including tax effective structuring of the Western Australian Government contribution to the project.
  • Acting for Shipping Australia in respect of the application of freight tax to time charters including negotiations with the Australian Taxation Office in respect of TR 2006/1.
  • Advising on the tax aspects of the franchising of the Victorian rail system.
  • Advising on the tax aspects of the due diligence for the merger of the New Zealand Dairy Board and the Bonlac Group.
  • Advising on the sale of Origin Healthcare Group to Skilled Group.
  • Advising Toll Group in respect of the implications of the "Reforming Australia's Shipping" measures and the proposed tonnage tax.
  • Acting for Cordlife Limited in respect of the demerger of its Singapore subsidiary including successful application to the Australian Taxation Office for a class ruling to confirm that sections 45A-C do not apply to the transaction.
  • Acting for the Questus group to obtain a product ruling from the Australian Taxation Office in respect of the Questus Residential Investment Fund's participation in the NRAS scheme.

Tax controversy

  • Acting for SNF Australia Pty Ltd in respect of a transfer pricing audit and successful Federal Court proceedings regarding the importation of products including preparation of a response to the position paper prepared by the Australian Taxation Office, drafting of a notice of objection to amended assessment and Federal Court proceedings.
  • Acting for a multinational US headquartered chemical company in the conduct of a transfer pricing audit conducted by the Australian Taxation Office.
  • Successful conduct and resolution of a significant superannuation guarantee audit for a healthcare industry client.
  • Successful conduct and resolution of a capital gains tax audit conducted as part of the Australian Taxation Office’s HNWI program for a prominent Australian family including detailed analysis of CGT Event C2, drafting objections to amended assessments, drafting submission on penalties and interest, and negotiations with the Australian Taxation Office.
  • Successfully acting for an Australian resident transport company in respect of a royalty withholding tax audit conducted by the Australian Taxation Office with regard to the leasing of shipping containers.
  • Successfully acting for an Australian resident cruise company in respect of a royalty withholding tax audit conducted by the Australian Taxation Office with regards to the characterisation of the company's charter parties.
  • Successful conduct and resolution of a capital gains tax audit conducted as part of the Australian Taxation Office's HNWI program in respect of the application of CGT Event K6 including drafting of the objection, negotiation with the Australian Taxation Office and initiation and later settlement of Federal Court proceedings.