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Taxation Law

Getting your tax issues right from the start is the best way to avoid trouble down the track.  And we’re here to help small to medium-sized companies and the individuals behind them do just that.

We specialise in assisting family-managed businesses with their tax affairs, with expertise in discretionary trusts and companies. At the same time, our taxation advice extends to superannuation benefits for clients approaching the age of sixty. In fact, if you’re in this age group, the advantages of testamentary trusts in terms of income splitting and specialist advice regarding special discretionary trusts are particularly relevant.

We believe that an in-depth understanding of your business is essential. And we know that ensuring clarity around possible litigious points of law in a contract or agreement at the time of negotiation should never be underestimated. The value of our expertise lies in our ability to recognise contingencies you may not have considered, helping you avoid costly restructuring and the risk of future litigation.

If you need assistance with tax rules concerning special disability trusts, we can help. We’re experts in the field, and we’re proud to be recognised by Centrelink as the largest specialist provider of this type of trust in Australia.

Merthyr Law's expertise in the areas of Taxation Law:

  • Income tax
  • Capital gains tax
  • Small business concessions
  • Goods and services tax
  • Duty
  • Land tax
  • Super and discretionary trusts
  • Payroll tax

Our Taxation Law Team

Emma Pradella
Emma Pradella



Kieran Hoare
Kieran Hoare

ILP Director

Super Man

Have a question?

Taxation FAQ’s

What types of tax does Merthyr Law specialise in?

We have extensive experience in both State and Commonwealth taxes, including income tax, GST, fringe benefits tax, capital gains tax, payroll tax, land tax and duty (including stamp duties). We particularly specialise in: 

  • Small business capital gains tax concessions 
  • Property developments including GST, income vs capital 
  • Business restructures and rollover relief 
  • Transfer duty concessions and relief 
  • Land tax structuring and refunds 
  • Payroll tax audits and disputes 

What tax services does Merthyr Law offer?

We assist with innovative solutions to satisfy your tax needs. 

This includes innovative structures for: 

  • your businesses from the outset; 
  • assistance in business and investment restructuring (obtaining applicable exemptions, exceptions and rollovers); and 
  • assisting to wind down your business or selling your business with the most tax effective outcome for you; 
  • tax effective estate and business succession planning; 
  • personal income tax matters; and 
  • taxation of self-managed superannuation entities. 

We have extensive experience in tax disputes both with State and Federal Revenue Authorities.  

I have just received an audit letter from the ATO, what should I do?

Don’t ignore it! 

See your accountant in the first instance.  They will be able to assist in guiding you through the process. 

If the audit process begins to get complicated and the ATO starts asking difficult questions we suggest you come and speak with us. 

The OSR says I’m grouped for payroll tax, what should I do?

The payroll tax grouping provisions are all-encompassing.  Once you are grouped, it is very difficult to be de-grouped. 

We can assist in analysing whether you should have been grouped in the first place and whether there is any potential to have you de-grouped for the future. 

Either way, it is best to see us as there are usually short timeframes in which you can respond to OSR assessments for payroll tax. 

Do I have to pay duty?

If you are buying assets (a business, an interest in a trust, land or entities that are landholders and other business assets) you will usually have to pay duty. 

Before entering into any acquisition transactions we recommend you discuss with us the best potential structure for duty and other tax purposes. 

I am starting a business, what is the best structure?

It depends. 

The best structure is the one which is tax effective, provides you with asset protection and has a low ongoing maintenance cost. 

One structure suitable for one type of business in one industry may not necessarily suit businesses in other industry sectors. 

Your appetite for risks and your requirement for asset protection as well as effective tax outcomes will determine the best business structure for you. 

When should I see a lawyer about my tax?

You should see a lawyer about your tax when: 

  • you are starting your business; 
  • you are looking to restructure your business; 
  • you are buying a business; 
  • you are having a dispute with the ATO; or 
  • you are looking to scale down your involvement in your business and transfer control to your successors. 

Tax effective measures can be put in place in each one of the above steps to make sure nasty tax surprises don’t lurk in the shadows. 

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