We're a Baker Tilly network member
Learn more

Advocacy

We advocate on the big issues that impact our clients and the middle market.

A voice for the mid-market

We regularly consult with government, industry bodies and regulators on issues and emerging developments that impact our clients, with a particular focus on privately owned groups and mid-market businesses.

We make submissions and advocate for fair outcomes, reduced compliance costs and an overall better tax and regulatory regime.

 

Submissions
ATO Consultation Paper – Franked distributions funded by capital raising

In November 2023, legislation introducing a new integrity rule became law. New section 207-159 of the Income Tax Assessment Act 1997 will make certain corporate distributions made on or after 28 November 2023 unfrankable where they are funded by capital raising.

Pitcher Partners made a submission to the ATO outlining the key areas of concern that the new measure raises for private companies in particular.

You can read our submission here.

Amendments to thin capitalisation legislation - January 2024

The Government has listened to ours and others feedback and proposed several amendments to the legislation. These proposed amendments have been referred back to the Committee for further consideration and report by 5 February 2024.

You can read our submission here.

Thin capitalisation legislation – July 2023

In June 2023, legislation containing new thin capitalisation rules from 1 July 2023 was introduced into Parliament. Broadly, thin capitalisation applies to entities part of multinational groups that incur debt deductions (e.g. interest) of more than $2 million for an income year (on a group basis). You can read our submission here.

Public country-by-country reporting – May 2023

In April 2023, the Government released exposure draft legislation for public comment seeking to introduce public country-by-country reporting obligations for income years commencing on or after 1 July 2023 for multinational groups with a tax presence in Australia. We made a submission to Treasury. Find out more.

Denying deductions for payments relating to intangibles – May 2023

In April 2023, the Government released exposure draft legislation for public comment seeking to introduce a new measure to deny deductions for payments for the exploitation of intangible assets that are made by significant global entities to associates in foreign jurisdictions with a corporate tax rate of less than 15%. We made a submission to Treasury. Find out more.

30% tax on earnings of superannuation balances over $3 million – April 2023

In February 2023, the Government announced an intention to pursue an increase in the tax rate applying to superannuation earnings on member balances over $3 million. We made a submission to Treasury confirming that we do not support the current policy design approach. Find out more.

New thin capitalisation rules (Exposure Draft) – April 2023

In March 2023, Treasury released exposure draft legislation for public comment containing new thin capitalisation rules proposed to apply from 1 July 2023. We made a comprehensive submission in response to the exposure draft legislation. Find out more.

Previous submissions - 2023

Post-implementation review of income for NFPs – March 2023

The Australian Accounting Standards Board (AASB) sought feedback on income recognition for not-for-profits (NFPs) through its post-implementation review (PIR) paper issued in November 2022. We made a submission to the AASB on these proposals. Find out more.

Development of simplified accounting requirements for NFPs – March 2023

The Australian Accounting Standards Board (AASB) published a discussion paper in September 2022 intending to create simplified accounting requirements for smaller not-for-profits (NFPs).  We made a submission to the AASB on these proposals. Find out more.

Climate-related financial disclosures – February 2023

In December 2022, Treasury released a consultation paper seeking initial views for the design and implementation of the Government’s commitment to standardised, internationally-aligned requirements for disclosure of climate-related financial risks and opportunities in Australia. We’ve made a number of recommendations to Treasury. Find out more.

Non-arm’s length expense rules for superannuation funds – February 2023

The non-arm’s length expense (“NALE”) rules for complying superannuation entities were introduced with effect from 1 July 2018.  In January 2023, Treasury released a Consultation Paper considering potential reforms to the non-arm’s expense rules for superannuation funds. We made a submission to Treasury. Find out more.

Previous submissions - 2022

Franked distributions and capital raising – October 2022

In September, Treasury released exposure draft legislation to implement an integrity measure to make corporate distributions unfrankable where they were funded by capital raising. We’ve made a number of recommendations to Treasury. Find out more.

 

Shortened period of review – September 2022

In August, Treasury released draft regulations that would exclude entities with “complex affairs or significant international dealings” from the shorter two-year POR that had been extended to medium businesses in 2020. We’ve made a recommendation to Treasury. Find out more.

 

Multinational tax integrity – September 2022

In August, Treasury released a consultation paper seeking feedback on amending Australia’s thin capitalisation rules. We’ve made a number of recommendations to Treasury. Find out more.

 

Section 100A – May 2022

Early in 2022, the ATO released long-awaited guidance on the application of Section 100A. These guidance products highlighted many arrangements, including past arrangements, involving trust distributions that would be seen as high risk by the ATO. We made a submission to the ATO. Find out more.

 

Division 7A – May 2022

At the same time that the ATO released their public guidance on section 100A, the ATO updated its view regarding the treatment of unpaid present entitlements (“UPEs”) for Division 7A purposes. We made a submission to the ATO and, following a consultation with us, the ATO has simplified the proposed timing rules. Find out more.

 

Our Experts

Nigel Fischer

Nigel Fischer

Managing Partner Brisbane
Alexis Kokkinos

Alexis Kokkinos

Partner Melbourne
Michael Minter

Michael Minter

Managing Partner Newcastle and Hunter
Leon Mok

Leon Mok

Managing Director Perth
Chris Ardagna

Chris Ardagna

Partner Sydney
Pitcher Partners insights Get the latest Pitcher Partners updates direct to your inbox

Thank you for you interest

How can we help you?

Business or personal advice
General information
Career information
Media enquiries
Contact expert
Become a member
Specialist query
Please provide as much detail to ensure appropriate allocation of your query
Please highlight a realistic time frame that will enable us to provide advice within a suitable and timely manner. Please note given conflicting demands with our senior personnel, we will endeavour to respond to you within the nominated time frame. If you require an urgent response, please contact us on 03 8610 5477.
CPN Enquiry
Business Radar 2023
Tax facts 2023-24
Student careers 2023-24
Search by industry