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Hayden Bentley

chief tax counsel, commercial | tax

meet Hayden

about Hayden

With over a quarter of a century’s experience in taxation, Hayden provides comprehensive advice on taxation, structuring and implementation issues to corporate groups, both listed and privately held, and high net worth individuals.

Hayden also advises on tax audits and disputes with the Australian Taxation Office on issues such as Division 7A and private company loans, tax consolidation and cross border restructures. He has appeared on behalf of clients at the ATO’s general anti-avoidance rules panel and successfully defended actual and threatened assessments on behalf of various clients totalling in excess of $500 million.

Hayden has experience providing specialist advice on employee share schemes and incentive arrangements for both listed and private companies.

In addition to his legal expertise, Hayden’s background in accounting improves his commercial awareness.  Consistent with this, he is focused on delivering practical solutions to complex problems.

Areas of Expertise

asset protection
business structuring
commercial
duties
employee share schemes
taxation
tax disputes
trusts

recent experience

  • US expansion and capital raising

    An Australian fintech company interposed a US corporate holding company in advance of the capital raise from a US listed investor.

    Hayden advised the company on the Australian and Australian international tax issues with the transaction, including the availability of CGT rollovers, the expected tax position for shareholders and also the transfer of the existing employee share scheme from the previous Australian company to the new US parent. Advice was also provided for executives relocating from Australia in terms of their tax residency and personal tax issues.

    The engagement involved working with US based advisors dealing with U.S. Securities law and capital raising, as well as the management team in Australia and directors in the United states.

    The transaction allowed the Australian business to access capital in the United states to fund its expansion into the US market.

  • Acquisition of mining operation from overseas investment fund

    Advised an Australian company on its acquisition of another mining company from an overseas investment fund.

    This included taxation related due diligence, with a particular focus on issues such as carry forward tax losses, restructuring of shareholder debt and royalty arrangements as well as duty and foreign investment review board considerations.  The advice also considered key tax implications of substantial deferred consideration components and the future taxation for the purchaser and the overseas parent on repatriation of future profits from the enterprise to the US in a tax efficient manner.

  • Advising private group on tax consolidation and acquisition

    Hayden advised a property group on completing an internal restructure and the necessity to form a tax consolidated group in advance of an acquisition of a competitor business.

    The sale was only available as a share acquisition and tax consolidation was necessary to allow the purchaser to obtain significant tax depreciation deductions based on the higher purchase price for the business.

    The advice incorporated considerations of future asset protection and combining several of the client’s existing entities into a single corporate group.