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Taxation

LAC Lawyers have tax law clients across the country and throughout the world and are at the cutting-edge of this ever-changing field.

Headed by Frank Egan, Legal Practitioner Director of LAC Lawyers with over 35 years experience as a lawyer. Our tax lawyers specialise in this complex area of the law and advise on all taxation matters. Check out this incredible testimonial from one our clients.

Tax Lawyers

LAC Lawyers have a team of tax lawyers based in Sydney & Melbourne with the experience in tax law cases that you need to get the best outcome. The following is a selection of our currently practicing tax lawyers.

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Who Are Our Clients?

Predominantly we are retained to act on behalf of tax payers directly or through accountants, financial planners or other lawyers.  Essentially our clients are made up of high net-worth individuals who exhibit raw enthusiasm and energy for business and/or a commitment to their profession.  Most are self-made businessmen and women who have excelled in their career choice starting out in business on their own approximately 20-25 years ago.  Over time with raw determination and commitment they have risen to the top of their businesses and are prominent individuals who are well-known within their industry or industry group and in some cases dominate it.

Early in their careers after both their companies and themselves have started to make substantial income they have sought ways to minimise their tax.  Unfortunately for a number of them they have been poorly advised and have been introduced to promoter-driven schemes where the promoters are paid consultancy fees and perhaps trailing commissions to access these arrangements.  Where promoters are involved income can either be diverted overseas to a tax haven or alternatively money is sent from Australia to a tax haven where it does a round robin and comes back to the taxpayer and/or their company dressed up as a loan on which the taxpayer then pays interest and in some cases in an attempt to legitimise it PAYG withholding tax is paid.  Debit cards are used for daily drawdowns to keep moneyflows under the Austrac radar. Obviously companies and/or trusts are involved in an attempt to make transactions look real and they are given impressive names and addresses to underscore legitimacy.

Over a period of years the taxpayer is able to avoid paying substantial sums of money which runs into millions or tens of millions of dollars.  Eventually they come to the attention of the ATO (Australian Taxation Office) through a number of mechanisms including Austrac which tracks money flows in and out of Australia.  Of course all financial transactions are receiving greater attention today due to money laundering and heightened sensitivity to terrorist attack.  Moneyflows of as little of $10,000 per day are noted, tracked and scrutinised. Often where something is askance the matter is referred to the AFP (Australian Federal Police) for secret investigation prior to the ATO contacting the taxpayer.  Substantial intelligence has been gained before this occurs.

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Tax Law for Accountants

LAC Lawyers is able to provide comprehensive tax advice on any tax matter whilst respecting the professional relationship which exists between you and your client. Click through to read more on our service Tax Law for Accountants.

If any of your clients are in danger of being prosecuted by the ATO, call LAC Lawyers today on 1300 363 991.

Tax Law for Business

Although the Government claims that they are simplifying tax obligations, the reality is that they are becoming increasingly complex. To learn more, read our page about Tax Law for Businesses or call us today on 1300 363 991.

Tax Law for Individuals

Taxation law is a complex, ever-changing area of the law that affects us as individuals. Click through to read more on Tax Law for Individuals.

LAC Lawyers have experience in all areas of tax law – call today on 1300 363 991.

What Happens When They Are Detected?

Given the amount of publicity in recent years given to promoters and the need for the Commonwealth to protect the revenue the ATO has firmly focused on the distinction between tax avoidance and tax evasion. Project Wickenby is a response to a change in dynamics out of which came Operation Wickenby which centred on Phillip Egglishaw of Strachans. Often taxpayers are detected through any number of processes including a simple request, enquiry, field audit, review or business review, investigation or audit. Clients come to or are referred to us at any of these stages even where debt recovery proceedings are imminent.

Apart from these in-system taxpayers we have clients where we become aware that their tax affairs are not compliant and they need to make a voluntary disclosure as there is absolutely no doubt that their level of tax non-compliance will eventually be detected and if so they run the real risk of being prosecuted and going to gaol for substantial periods of time depending upon the nature of the offences committed. Conspicuous consumption, low salaries, substantial assets, exotic cars, expensive holidays, expensive homes, children at the best private schools and substantial business and other overseas dealings are what the ATO is targeting amongst other things.

If you have become aware that your tax affairs are not in order, it is important that you contact a tax lawyer immediately. Call LAC Lawyers today on 1300 363 991 for taxation advice.

Tax Offences

Under Australian law, anyone earning an income is required to pay tax. If you attempt to avoid paying tax, either by not lodging appropriate documentation or by committing fraud, you have committed a tax offence.

If you, or someone you care about, is facing a charge for a tax offence, it is crucial that they obtain quality legal advice. LAC Lawyers has a team of experienced tax lawyers with the skills you need to get the best response. Call us today on 1300 363 991, or contact us through our online enquiry form.

International Tax Law

LAC Lawyers also have experience in dealing with international tax law. For more information on tax havens, foreign income, and other areas of international tax law, visit our International Tax page.

If you need legal advice on any area of tax law, call LAC Lawyers today on 1300 363 991.

Why Do They Come To Us?

Taxpayers and/or their representatives come to us as we are totally independent and do not involve ourselves in conflicts of interest.  Our approach is to do the best we can for any client given their circumstances and the level of their tax non-compliance.  Although some taxpayers may obtain the benefit of a full voluntary disclosure there are many more who need other forms of assistance.  In us they find strong, dedicated, sensible advisers who recognise the reality of their predicament and who are able to advise accordingly.  Often they are advised to hang tough, ignore the ATO, litigate or where criminal prosecution has commenced, fight it by relying on reasonable doubt to avoid gaol.  Bad advice, a fee-fest and today this approach will in most cases lead to a lengthy gaol term.   Why, because in many of the matters referred to us there is no underlying tax rationale and therefore a proper course of action needs to be chartered which will allow the taxpayer to overcome their tax non-compliance whilst at the same time restricting penalties and interest.  It is often embarrassing to note that there are any number of so-called tax professionals who provide the type of advice noted above which is not sensible and bad in law whilst raising false hope in their clients minds committing them to a course of action which in many instances leads to prosecution and substantial prison terms.

Everyone acknowledges that this work is high risk and therefore expensive as it requires the application of substantial skill, knowledge and expertise covering many aspects of the civil and criminal law.  Although the accounting profession and financial advisers may provide some level of tax planning advice, they are not entitled to advise on any aspect of the criminal law.  In addition although there are a number of lawyers who advise on tax matters there are very few who also possess the in-house capability to advise on the criminal consequences of tax non-compliance.  What most taxpayers fail to understand is that where they have entered into schemes of arrangement which are nothing more than shams and they rely upon these fictions to claim fictitious deductions they are involved in tax fraud which is a criminal activity which, when prosecuted will lead to substantial gaol terms.  Put simply, the mere existence of a notional offshore structure/s does not legitimate someones tax affairs irrespective of the identity of their tax adviser or scheme promoter.

LAC_HalfDDG_FastAccurateProfessionalWhenever a taxpayer, their accountant or financial planner is approached or receives any form of communication from the ATO or any other authority about any of their taxation affairs other than compliance matters call LAC Lawyers for effective legal representation whether it involves CGT, GST, FBT, Income Tax, LCT, SGL and the application of GIC (general interest charge).

This area of the law is extremely complex and requires the attention of legal advisers who can offer sound advice encompassing  the criminal law which we do.  We are at the cutting edge in this field and are able to draw upon our experience and the resources of some of Australias leading tax barristers.

Why Use LAC Lawyers For Tax Law?

✔ Specialist training and expertise ✔ Highly qualified Tax Lawyers
✔ Dedicated Tax Lawyers ✔ Multi Jurisdictional competence
✔ Excellent advice and assistance ✔ Experts in dealing with the ATO
✔ Unparalleled competence ✔ Leaders in complex matters
✔ Experts in Voluntary Disclosure and Disputes Resolution ✔ Specialist Litigation skills

 

When it comes to taxation, LAC Lawyers are at the forefront of this complex legal minefield. If you need legal advice on any area of tax law, call LAC Lawyers today on 1300 363 991.

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Frank Egan B.A., LL.B., A.C.L.A., F.T.I.A. (Notary)
Position:Chief Executive Officer
Frank Egan is the Managing Director of LAC Lawyers and has over 35 years experience as a lawyer. Frank heads up our taxation group and specialises in both onshore and offshore taxation arrangements including tax havens. He does not deal with any indirect taxation matters e.g. land tax, stamp duty or payroll tax. He is available to advise clients whether corporate or private on large, serious or complicated matters.
Michael Pickering B.A., LL.B. (Hons.), LL.M., M. A.
Position:Senior Solicitor
Michael Pickering is our most senior solicitor employed in the Melbourne Branch of LAC Lawyers Pty Ltd. He deals with a wide range of matters. He has over 30 years experience as a lawyer which he applies for the benefit of clients whether large or small.
Alison Drayton B.A. (Hons). Acc Spec (Commercial Lit.)
Position:Senior Solicitor
Alison combines intellect with compassion and brings to her practice of the law life experience gained in many different places including England, the Caribbean and Ghana. A lawyer with many years experience in a range of jurisdictions, as barrister and as solicitor, Alison is highly regarded as a dedicated professional who is fearless and confident and enjoys a challenge. Alison is a NSW Law Society accredited specialist in commercial litigation (insolvency).
Sigrid Neumueller Mag. iur (UVie), LL.M. (UTS), Dip. Law (LPAB)
Position:Senior Solicitor
Sigrid is an international lawyer who undertook her initial education and training as a trainee judge, solicitor and barrister in Vienna, Austria before embarking on a legal career in Australia as a solicitor and later as a barrister admitted in the Supreme Court of NSW, the Federal Court and the High Court of Australia.
Tania Waterhouse BA LLB (Hons) LLM (Tax)
Position:Senior Solicitor
Tania is an experienced tax litigator and advisor in both the public and private sectors. She has a wealth of experience in international taxation as well as superannuation, with a specialist understanding of SMSFs.