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Expertise

Chris Kinsella is recognised as one of Australia’s leading tax lawyers and has provided strategic tax advice to corporations, boards, business owners and the ATO for over 35 years. 

Chris has a focus on tax risk and with managing tax audits and disputes with the Commissioner of Taxation. Chris has acted both for and against the Commissioner.

Chris is accredited as a specialist in dispute resolution with the Law Society of New South Wales.

Chris has been a member of the Number One Tax Discussion Group for many years and is currently its chairman.

Chris has been recognised as a Leading Individual for Taxation in Australia in Chambers Asia-Pacific since 2014 and has been listed in The Best Lawyers in Australia as a leading lawyer for taxation and for alternative dispute resolution since 2014. 

Chris has also been listed in Who’s Who Legal: Australia in Corporate Tax: Controversy since 2019 and Euromoney’s International Tax Review in the Tax Controversy Leaders Guide for Australia since 2015.

Chris is active in volunteer community work and not-for-profit initiatives including having being a non-executive director of Lifeline Harbour to Hawkesbury since 2013 and a Vinnies CEO Sleepout Ambassador since 2013.

Experience

Chris’ experience includes:

  • Resource Capital Fund No IV & V v Commissioner of Taxation, Federal Court, Full Federal Court (TARP and tax treaties)
  • Chevron Australia Holdings Pty Ltd v Commissioner of Taxation, Federal Court (intra group loans and transfer pricing)
  • Airport Link Holdings Pty Ltd v Commissioner of Taxation, Federal Court (rights to future income and tax consolidation)
  • Resource Capital Fund No lll v Commissioner of Taxation, Federal Court, Full Federal Court (TARP and tax treaties)
  • Mussalli v Commissioner of Taxation, Federal Court (tax deductibility of prepaid amounts)
  • advising a large project management and construction, real estate investment and development group in relation to a potential tax dispute concerning the tax treatment of retirement living arrangements
  • representing a multinational pharmaceutical company under tax audit on a matter associated with transfer pricing and alleged tax avoidance
  • advising a property developer in relation to errors made in the treatment of property trust distributions and how to best rectify
  • representing a property developer in relation to an income tax audit
  • advising on tax residency issues for several individuals and companies
  • advising Bauer Media in respect of the tax consequences arising from a structured M&A transaction and disposition
  • advising a horse racer and breeder in relation to an audit by the ATO of whether his activities constituted a business or a hobby.

Membership

Law Society of New South Wales

Law Council

Tax Institute

International Fiscal Association

Institute of Chartered Accountants Australia and New Zealand

Number One Tax Discussion Group

Australian Institute of Company Directors

International Bar Association

Publications

04 October 2021 - Knowledge

Tax disputes: Comments on settling a tax matter (Part 2)

#Taxation – Disputes & Litigation

In this final article of a two-part series on settling tax disputes, we look at how best to resolve a tax matter with the Australian Taxation Office.

29 September 2021 - Knowledge

Tax disputes: When to settle and when to litigate a tax matter (Part 1)

#Taxation – Disputes & Litigation

In this first article of a two-part series on settling tax disputes, we discuss the key challenges that clients face through settlement and litigation of tax disputes.