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For an international investor wanting to buy and develop assets in Australia, the rules and regulations can be daunting. Many are not aware of the number of regulatory bodies in Australia they need to satisfy, or fail to clearly understand their tax obligations. The consequences can be severe and quickly escalate into multi-million dollar disputes against government departments that can run for years, resulting in significant unplanned costs and delays in projects. Many of the issues encountered by international investors could have been avoided had they initially sought expert legal advice.
The Australian economy presents some of the most stable and attractive investment opportunities for international investors. However, international investors need advisors who can provide experienced and accurate guidance through the intricacies governing foreign investment into Australia, enabling them to focus on achieving their business goals.
With senior lawyers who have worked for government regulators and who regularly deal with major international investment transactions and tax disputes for international investors, we provide the necessary guidance for international clients. We focus on what investors want to achieve out of their investment. With lawyers who speak a range of languages, including Mandarin, Cantonese, Spanish, Greek, Vietnamese, Malay and Arabic, we apply a multi-disciplinary and multi-lingual approach to get them there.
A $200 million Victorian company was being prepared for sale. Macpherson Kelley advised the company on what it needed to do if it was to be acquired by a foreign investor. Our lawyers advised the company on how the acquisition should be structured so any future deal would comply with Australia’s foreign takeover laws. Armed with awareness of the requirements for a foreign takeover, the company was primed for what to do when an offer was made.
Macpherson Kelley advised an international group with more than $300 million in investments under management in overseas jurisdictions, on foreign company income accrual legislation and other related issues. Our lawyers provided the group with advice on the transfer of about $80 million of funds from overseas jurisdictions to comply with Australian foreign investment, tax and other legislation governing monetary transactions.
Macpherson Kelley has assisted various foreign investor groups with structuring multi-million dollar acquisitions, leasing and disposals of land interests in Australia to develop property in compliance with applicable foreign investment and tax provisions. Because these groups have developed funding models compliant with relevant Australian laws, they are able to confidently attract more investment money, borrow necessary funding, and have assurance the developments would proceed without government interference.
Our lawyers advised a wealthy private group in a dispute over interest deductions on cross-border related-party loans. The group had used three different tax advisors without being able to achieve a consensus with the ATO. We managed to address the matter with the ATO and secured a material interest deduction which had previously been denied.