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Megan Bishop

Expertise

Megan is Special Counsel in the Dispute Resolution and Litigation team. She has more than 10 years’ experience in State and Federal tax dispute resolution. 

She has assisted private and public companies, not-for-profit entities, individuals, trusts, partnerships and superannuation funds to navigate and manage State, Federal and inter-jurisdictional tax issues, including: 

  • ruling requests and voluntary disclosures
  • ATO and other Regulator powers in relation to access to premises and documents
  • ATO risk reviews, audits and justified trust reviews and AusIndustry examinations
  • ATO objections and AusIndustry internal reviews
  • alternative dispute resolution
  • tax litigation
  • legal professional privilege disputes.

In addition to being a lawyer she is also a trained mediator.

Megan is recognised for her technical expertise and focus on finding solutions that are in line with client objectives. 

Experience

Megan’s recent experience includes matters involving the:

  • advising on film tax offsets, including the producer offset
  • eligibility of, and claiming expenditure related to, research and development activities
  • capital/revenue distinction, carrying on a business and profit making schemes
  • individual and corporate tax residency
  • application of the transfer pricing rules in relation to financing arrangements, service agreements and intangibles
  • application of anti-avoidance provisions, including diverted profits tax
  • employee/contractor distinction including under superannuation, income tax, PAYG withholding and payroll tax provisions and implications of incorrect classification
  • availability of tax losses
  • thin capitalisation rules
  • deemed dividend provisions in Division 7A
  • Australian taxation of foreign pension funds
  • compliance status of superannuation funds and options for disclosure and rectification
  • application of land tax exemptions
  • stamp duty landholder and corporate reconstruction relief provisions
  • not for profit entity registrations and tax exempt status
  • penalty and interest remissions
  • common law around, and administration of, legal professional privilege claims
  • tax corporate governance design and implementation. 

Publications

01 March 2023 - Knowledge

Guardian in the Full Federal Court – 100A meets Part IVA

#Taxation

The Full Federal Court has rejected the Commissioner of Taxation’s appeal on section 100A from the first decision in the Guardian AIT case, confirming that the inquiry required by section 100A is different to Part IVA of the Income Tax Assessment Act.

30 November 2022 - Knowledge

Franking credits for distributions funded by capital at risk

#Taxation

The Government has released the Treasury Laws Amendment (Measures for a later sitting) Bill 2022: Franked distributions funded by capital raisings. If enacted, franking credits will not be available for distributions made since 19 December 2016 that are funded by capital if they made outside of ordinary distribution patterns.

22 June 2022 - Knowledge

The ATO is knocking: Tax tips for you and your business

#Taxation

With the financial year coming to a close, we know how frantic this time of year can be personally, and from a business perspective. In this article, we highlight the key tax considerations to be aware of to put you and your business in the best possible position come 30 June.

09 March 2022 - Knowledge

ATO obtains a $220 million freezing order in takeover deal with energy giants

#Dispute Resolution & Litigation, #Taxation

A recent Federal Court decision has demonstrated that the Commissioner of Taxation can seek freezing orders to enforce tax debts against overseas parties.

25 February 2022 - Knowledge

New ATO guidance on Division 7A – unpaid present entitlements and financial accommodation

#Taxation

The ATO’s new draft taxation determination, TD 2022/D1, signals a shift away from sub-trusts as a means to comply with Division 7A of the Income Tax Assessment Act 1936. How will this impact trust distributions?

13 December 2021 - Knowledge

Current issues and changes to individual tax residency rules

#Taxation

We review the current tax residency tests for individuals and discuss how a proposed new framework may change the landscape.

26 October 2021 - Knowledge

New Victorian windfall gains tax on rezonings resulting in increased land values

#Taxation

A rezoning of Victorian landholdings that takes effect on or after 1 July 2023 and results in an increase in value of more than $100,000 could expose you to a windfall gains tax of up to 50 per cent of the total uplift in value.