Aitken

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Contact Info

Level 28, 140 William Street, Melbourne Victoria 3000 Australia
Call: +61 3 8600 6000 info@aitken.com.au

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Tax Lawyers in Melbourne

Navigating Australia’s tax system can be complex, and the consequences of getting it wrong are significant. Our experienced tax lawyers work with businesses, legal and accounting professionals and private clients to provide practical and commercially focused advice across all areas of State and Federal taxation law.

We assist clients not only with day-to-day tax planning, but also with disputes, superannuation, trusts, and international tax issues. Our goal is to deliver solutions that are both technically sound and commercially effective.

Comprehensive Tax Law Advice

We advise on all aspects of tax law, including income tax, capital gains tax, GST, duties, superannuation, fringe benefits tax, and international tax matters. Whether you're navigating a business transaction, managing a trust, or addressing compliance issues, our lawyers provide tailored solutions grounded in a deep understanding of Australia’s taxation landscape.

We regularly assist clients with:

  • Tax structuring and planning for businesses, trusts, and individuals
  • Transactional tax advice, including capital gains tax rollover relief and small business concessions
  • Superannuation advice, including contribution strategies, limited recourse borrowing, and investment compliance
  • Advice on general anti-avoidance rules, including Part IVA of the Income Tax Assessment Act 1936

Tax Disputes and Litigation

We have extensive experience managing tax disputes with the ATO and state revenue authorities. Our team guides clients through every stage of the dispute process, from risk assessment and voluntary disclosure, to litigation and appeals.

Our services include:

  • Preparing and lodging objections
  • Acting in reviews and appeals before the AAT and Federal Court (Part IVC proceedings)
  • Negotiating remission of penalties and general interest charges (GIC)
  • Advising insolvency practitioners on recovery provisions under the Taxation Administration Act 1953

Tax Documentation and Compliance

We regularly prepare and review tax-related documents to ensure compliance and mitigate risk. Our team understands the importance of documentation that is not only legally sound but also practical and commercially appropriate.

Key documents we assist with include:

  • Division 7A-compliant loan agreements
  • Tax sharing and funding agreements (TSAs) for consolidated groups
  • Trust deed amendments, including Bamford variations and foreign beneficiary exclusions for state tax purposes
  • Tax warranties and indemnities in transactions
  • Binding Death Benefit Nominations and superannuation documentation
  • Service agreements and employment-related tax documents

Trusts and Estate Planning

Trusts are a core area of our tax practice. We assist clients in establishing and managing a wide range of trust structures, advising on their taxation treatment and compliance requirements.

Our expertise includes:

  • Discretionary, fixed, and unit trusts (including family trust and interposed entity elections for loss carry-forward rules)
  • Testamentary and child maintenance trusts
  • Bare trusts for SMSFs and limited recourse borrowing
  • Charitable trusts and institutions, including those seeking Deductible Gift Recipient (DGR) status

Superannuation and SMSFs

We support trustees and advisers in navigating the regulatory and tax complexities of self-managed super funds. Our team advises on related party transactions, investment restrictions, contribution limits, and succession planning.

State and Federal Tax Issues

Our tax lawyers offer detailed advice on both federal and state taxes, including:

  • GST (including margin scheme and going concern exemptions)
  • Duties, including landholder duty, economic entitlements, and exemptions for commercial and industrial property
  • Payroll tax and land tax compliance and exemptions
  • Employment termination payments (ETPs) and genuine redundancy payments (GRPs)
  • International tax issues including residency, source rules, inbound investment, and double tax agreements (DTAs)

Our Approach

We understand that tax issues are deeply intertwined with your business, financial, and personal goals. Our advice is always practical, commercial, and tailored to your specific situation. Whether you’re entering a transaction, resolving a dispute, or planning for the future, we work collaboratively with your advisers to deliver efficient, cost-effective outcomes.

Get in touch

To speak with one of our tax lawyers in Melbourne, call us on +61 3 8600 6000 or fill out the contact form below.

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Located in Melbourne CBD at Level 28, 140 William Street, Melbourne. Servicing all Melbourne suburbs online and within a 15-minute drive for: Melbourne CBD, Carlton, Fitzroy, Richmond, South Yarra, St Kilda, Brunswick, Collingwood, Prahran, South Melbourne, North Melbourne.

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Frequently Asked Questions

Tax laws can change frequently, often on an annual basis. Governments may introduce new tax laws, amend existing ones, or change tax rates. It's essential to stay updated on the latest tax laws and regulations to ensure compliance.

A tax dispute arises when there is a disagreement between a taxpayer and a tax authority regarding a tax issue, such as the amount of tax owed, the interpretation of tax laws, or the application of tax rules.

Yes, you can dispute your tax return if you believe there is an error or that you have been overcharged. The process for disputing a tax return varies depending on the specific jurisdiction, but it typically involves filing an appeal or objection with the relevant tax authority.

A progressive tax structure is a tax system where the tax rate increases as the taxable income increases. This means that individuals with higher incomes pay a higher percentage of their income in taxes compared to those with lower incomes.

Tax litigation is the legal process of resolving tax disputes through the court system. It involves a formal legal proceeding where the taxpayer and the tax authority present their arguments before a judge or a jury.

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