International Taxation Law 1 - Goldman Law

Australian & International Taxation

Sucess in Tax Planning & Tax

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How to smoothly navigate divorce and separation issues and make sure you are not out of time.

How to maximise our commercial and tax
knowledge for the best
financial settlements.

How to have the best and compassionate legal support for complex children’s issues including international recovery.
How to avoid court and future financial issues and pitfalls when living together. Plan and protect assets.

HNW Individuals & Family Offices

Entrepreneurs, Global Residents & Business

Our Tax Team Works Closely With Corporate, Trusts, Asset Protection and Estate Planning for Holistic Structuring Advice.

Our experience spans the top teams in international tax planning, some specific areas are below:

  • Tax planning
  • Tax disputes
  • Expats & global residents
  • Off-shore trusts and related aspects
  • Low tax residency, Free zones, Off-shore funds
  • Transfer pricing
  • Asset protection and asset finance

HOW GOLDMAN LAW REMAINS UNIQUE?

Our Past Success Only Drives our Future Innovation

Specialised knowledge in one topic is ineffective to provide holistic advice. Our litigation, commercial and cross border expertise uniquely enhances our family law approach.
We love representing all clients but there is a limit to how many clients we can properly serve. This approach protects our reputation and allows laser focus on your needs.
Since 2015, we have offered, clear upfront pricing and realistic estimates. Even if our clients sometimes get into financial hurdles, we offer flexible arrangements when possible.
After hours meetings, video calls and portal communication. Most lawyers keep you in the dark only to protect themselves. Our motto is to keep you informed and in the loop at all times.

OUR PAST AWARDS CANNOT GUARANTEE FUTURE SUCCESS

Compassion & Individual Lawyer's Commitments Must Remain Present

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OUR THANKS TO OUR PAST CLIENTS

Read More About Their Experiences

Chel Chappy

I highly recommend Goldman Law. 
Every contact I had with the firm was friendly, professional and understanding.
Jennifer is an outstanding lawyer. I had had a difficult ongoing children’s matter...

Quentin Carmont

A family law matter is never pretty emotions are running hot, everyone thinks they’re right when in reality no one is.
Goldman made the process very easy for me to choose them.
Initial contact with Kim and then a small consultation with Jass there senior lawyer...

Paul Northrop

I have used G&C on numerous occasions for business matters. I have always found them to be incredibly responsive with sound advice. I know that with the G&C team working on my legal matters, it takes the pressure off me and allows me to concentrate on running my business!

Pauline Von Czapiewski

Wonderful team of professionals to deal with from office support to solicitors. Always has a quick response time, and good advice. Incredibly impressed and will be sure to use again in the future...

 

Jane Mac

I have found Goldman’s to be a highly skilled and caring group of lawyers who have guided me many times during periods of uncertainty and stress. I couldn’t do without their considered and professional advice for our businesses.

 

Talia Falo

Goldman & Co handled my case extremely well, gave fantastic advice and overall eased up the tension of the entire situation immensely. I felt they genuinely cared for my well-being and what I am going through so great thanks to them. Would highly recommend...
 

Contact Our Senior People

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Zeinab Elzein

A senior family lawyer and General Counsel

10 years +++

Zee is meticulously dedicated, with deep experience and compassion for all her clients In all Australian and some complex international aspects of family law involving children & finances.
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Mathew Nott

A senior lawyer also specialising
in domestic violence.

Matt is outstanding on his feet in court and somehow maintains a 99% success rate. Matt has a laser focus on clients issues with life experience and unique unmatched skills
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Kerry Turner

Clients and
workflows

15 years +++

Your first contact point for everything about us and our lawyers . Kerry is unmatched in her gentle handling and real life knowledge. She controls our lawyers. Compassion, integrity with practical reality.

Independent International Tax Advice

On-Shore and Off-Shore Experience

An Alternative to the “Big Four” Accounting Firms Utilize the Benefit of Legal Professional Privilege

Jaswinder (Jas) Sekhon, Practice Head, is a global leading lawyer and aspects of international taxation. He is admitted in four countries and has been a practitioner in tax in Australia and internationally since the age of 28.

With over 30 years’ experience, he has worked in London, Zurich, Lugano, Switzerland, Dubai, the British Virgin Islands, Hong Kong and recently opened our New Zealand office.

READ OUR Criminal Law NEWS & OUR ARTICLES

Some Extracts From Our Media and Community Pages

DIY Divorce & Separation

Guided Self Help Six Easy Steps To DIY Divorce Keywords: Family Law, Divorce, Divorce in Australia, Divorce Australia DYI | Divorce Separation | Divorce Separation Agreement | Self-Help | legal costs | Lawyers | Family Law | Family Court | Guided Self-Help

Read time : 9 minutes, 22 seconds

Court Confirms That Income from a Loan Agreement Is Income for Child S

KEYWORDS: Child Support; Social Security Appeals Tribunal; unreasonableness, WednesburyUnreasonableness, financial resources In Baylden & Anor [2015] FCCA 2886 (29 October 2015), the father appealed against a Social Security Appeals Tribunal (“SSAT

Read time : 2 minutes, 22 seconds

Failure to Provide Full Disclosure Confirmed as a Ground for Setting A

Keywords: Consent orders; full and frank disclosure; informed consent; miscarriage of justice; section 79A; property orders; disclosure. The case of Pearce & Pearce [2016] FamCAFC 14 (11 February 2016) was an appeal brought by the husband against the o

Read time : 5 minutes, 17 seconds

Money Laundering Seen as a Predicate Offence

Leading to Other More Serious Charges

The Criminal Code makes it an offence to ‘deal with’ the proceeds of crime or an instrument of crime. What if you are innocent?

Where a third party receives money which is the proceeds of crime (such as a shopkeeper carrying on their normal business) and the person has no knowledge of that fact, receipt of the money does not constitute an offence

From the simple to the complex, we have the experience to guide you safely through all aspects of tax and cross-border regulatory compliance.

Experience & Trust

With deep local and international expertise for over 30 years.

Growing and protecting successful individuals, family offices and business.

Experience & trust built through sheer hard work

WHEN YOU NEED MORE DETAILS

From Real Family Law FFAQ's (Further Frequently Asked Questions)

What tax will be imposed on Australians (Individuals and companies) doing business overseas?
  • Capital and Income taxes – Yes for an individual ; If the company is incorporated in Australia or managed and controlled here – then Yes.
  • Navigating Export/Import Taxes – Taxes will vary depending on the destination country. If your business does not physically operate in a country, then it is likely you will not need to pay tax for simply selling to the destination.
  • Many businesses profit from eCommerce, meaning their business is based entirely online. If this sounds like your business, then you may not need to register for Goods and Services Tax (GST) in Australia.
  • The question of whether your company is managed and controlled overseas or what is foreign source income or if there are any credits or double tax treaty applications of the same is complex.
  • It is a must to seek the advice of a legal professional.
If Foreign residents are doing business in Australia- are they liable for tax?

Foreign residents doing business in Australia

If you are doing business in Australia, you may need to register in our tax system and pay taxes in Australia. This depends on:

  • if you are from a country that has a tax treaty with Australia
  • the scale and nature of your business
  • if you have a permanent establishment in Australia.
  • Foreign resident tax rates 2021–2
Taxable income
Tax on this income

 

 

0 – $120,000
32.5 cents for each $1
$120,001 – $180,000
$39,000 plus 37 cents for each $1 over $120,000
$180,001 and over
$61,200 plus 45 cents for each $1 over $180,000
What to do as a non-resident business importing services, digital products, and low value imported goods?

If you’re a non-resident supplier of imported services, digital products or low value imported goods you have obligations to meet once you are registered or required to be for goods and services tax (GST).

Make sure you read this along with Non-resident businesses and GST and GST on imported services, digital products, and low-value imported goods into Australia to find out the rules that apply more generally.

What should be the Other considerations when trading between Australia and other countries?

Transfer pricing

  • Australia has transfer pricing rules that need to be considered where goods or services are bought or sold between Australia and other countries.
  • The transfer pricing rules have relevance to transactions between related parties in a corporate group for the supply of goods, services or finance that are not priced on terms which would be comparable to those that would be charged between parties transacting at arm’s length.
  • If an international transaction does not occur at arm’s length or is not supported by an acceptable pricing methodology, then market prices may be substituted into the transaction for Australian taxation purposes to ensure an appropriate level of tax is paid.
  • For an intra-group cross-border transaction to be deemed to have occurred at arm’s length, the Australian Taxation Office (ATO) requires that companies appropriately document the transaction itself and the pricing methodologies used when entering into the transaction.
  • Other factors that may be taken into account by the ATO include, amongst other things, the commercial justifications for the transaction, any applicable review processes and whether any alternatives were considered.

Customs duty

  • Customs duty is imposed on goods imported into Australia. The rate of customs duty is generally around 5% of the ‘customs value’ of goods, although this often changes depending on the type of good that is imported.
  • The customs value of a good is determined as a question of law, taking into account the type of good, its country of origin and the purpose of its import into Australia.
  • Customs duty is payable when the relevant goods enter Australia. The specific duty rules that apply will depend on how the goods are classified by the Australian Customs Service and may be altered by Tariff Concession Orders or Free Trade Agreements.
  • The rules applying to customs duty in Australia are complex and importers should seek advice on a case-by-case basis.

Excise duty

  • Excise duty is imposed on alcohol, tobacco, fuel and petroleum products that are produced or manufactured in Australia.
  • If these products are imported into Australia rather than produced or manufactured in Australia, customs duty applies to their importation at a rate comparable to the excise rate (see above, Customs duty).
  • Excise duty is paid by either the manufacturer or distributer at a flat rate. The applicable excise rates may increase twice a year to reflect inflationary changes.
  • In addition, a licence is generally required to undertake activities in relation to excisable goods.
What Are Some Relevant State and Territory taxes

In Australia how to State jurisdiction to impose taxes and duties?

  • States and Territories in Australia generally have jurisdiction to impose tax on various state-based transactions.
  • States and Territories most commonly impose tax on immovable property situated in that particular State, as well as on various other state-based transactions such as car registration and employment.
  • Many State and Territory taxes and duties are not consistent throughout Australia and therefore the laws applicable in each jurisdiction must be considered where relevant . The taxes and duties mentioned below however indicate some common forms of state taxation.
  • For example, New South Wales imposes stamp duty on transfers of land according to a sliding scale that is dependent on the value of the real property.
  • The cheapest valued properties attract stamp duty of 1.25%, with the rate

What is the meaning of Payroll tax?

  • Payroll tax is imposed on employers whose annual wages paid to employees exceed a set amount determined by each state. The tax is generally between 3% and 7%.
  • Payroll tax is currently payable in New South Wales at a rate of 5.45% for businesses who pay more than $750,000 in annual wages. By comparison, Victoria sets its threshold annual wages level at $550,000 and its rate of payroll tax at 4.9%.

Motor vehicle duties

  • Often payable where a motor vehicle is registered in or transferred within a certain state. The duty is paid by the purchaser with the applicable rate of duty generally depending on the type of car and the circumstances surrounding its transfer.
How can I legally reduce my taxes in Australia and why should I use Goldman Law for that instead of a tax partner in an audit firm?
  • Whilst knowledgeable accountants are a great source of advice and practical input. The fact remains that tax legislation is still a law and you must seek the advice of a lawyer that is a taxation expert. In many cases these lawyers are also accountants will have training in finance and accounting.
  • The principals of Goldman Law have extensive experience in accounting, finance and tax structuring well-being specialist lawyers tax planning locally and internationally.
  • Tax partners in the big four accountancy firms may be lawyers and some are amazing experts in their chosen field, however you are dealing with a proprietary group and one which is not independent and you may be compromised if they are also your auditor.
  • Further the big four cannot provide legal professional privilege which is one of the few ways that privacy and confidentiality of your records may be obtained.
  • The big four also cannot provide the drafting of legal documentation which gives effect to the structure or plan.
  • Most people do not go to lawyers for taxation advice because they simply cannot afford it. Taxation specialist lawyers are scarce in many charge in excess of $1000 per hour.
  • When the stakes are high or the savings significant, we recommend you use the taxation lawyers and experts such as Jaswinder Sekhon of Goldman Law.
How can I use Goldman Law for international advice and low tax structuring in tax havens is it a crime to seek such advice?

Brazenly, in many overseas jurisdictions the professional advisers are the subject of targets and it is a reportable event.

  • This means the client comes into your offices say in London and seeks to avoid the tax instead of legally using tax planning methods, this client must be reported to the authorities or the lawyer is guilty of an offence.
  • Our potential clients need to choose carefully the jurisdictions from which they are from the relevant laws that apply thereto. Frequently we see clients in Dubai which is an excellent low tax jurisdiction with substance.
  • Nonetheless it is still possible to commit a conspiracy to defraud no matter where the physical location of the advice is if it concerns a particular jurisdiction.
  • One should never say to their lawyer that they want to commit a taxation offence or are thinking about committing a taxation offence in the taxation offence may be committed simply with a conspiracy to defraud, without the actual act even occurring.
  • Therefore, you need to speak to us very generally and ensure that no illegal transactions contemplated or planned.
  • There is nothing wrong with basing your affairs in a tax haven or legitimately using low tax places such as to buy or setting up a New Zealand offshore trust.
  • We do so regularly for clients asset protection purposes.
  • These arrangements should be declared and there should be no false information provided to the relevant authorities where this is requested.
  • Therefore these arrangements do not rely on nondisclosure which is illegal.
  • There is a way to reduce taxes legitimately and also to become resident for tax purposes in a low tax country such as Dubai.
  • There is a way to use New Zealand offshore trust to protect your global assets and other jurisdictions, to minimise your global taxation overall.
  • We have written and published and lectured for over 30 years on these topics and have extensive experience on a range of clients with a range of issues.

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