James Macky

James specialises in corporate tax and works with clients in the Energy and Natural Resources, retail, wholesale, services and manufacturing sectors.

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Resolving the matter of corporate residency – it’s time for the change 13 June 2025 The introduction of the long-awaited amendments to the corporate residency rules would help to reduce the administrative burden on corporate groups, write Julian Humphrey, Denis Larkin and James Macky.	Vale – Richard Harvey Buchanan 9 May 2025 KPMG is sad to share that Richard Buchanan passed away at the age of 78.	There are other elections that matter 2 May 2025 Family groups should review the status of their group’s family trust elections and interposed entity elections and consider if their distribution practices are consistent with the elections made, as detailed by Belinda Cheesewright, James Macky and Blake Indian.
Full Federal Court draws schemes (and nothing else?) out of top hat, in AusNet decision 2 April 2025 This decision will provide greater clarity for existing groups of entities that may be considering a reorganisation, such as a ‘top hatting’ restructure or demerger, as detailed by Kristie Schubert, Matt Ervin, Shirley Lam, James Macky, Demos Deliyannis and William Ho.	Can TOFA stop an earn out being a look-through earnout right? 22 July 2024 Although not the primary focus of the case, Merchant also considers application of the taxation of financial arrangements (TOFA) to earn-out arrangements, as highlighted by Julian Humphrey and James Macky.	A ‘top hatting’ transaction - AusNet Federal Court decision handed down 20 February 2024 This decision considers a technical tax issue to a ‘top hatting’ transaction where the taxpayer sought to argue the tax rules apply in a particular way in order to obtain a substantially favourable tax outcome, as outlined by Luke Imbriano, James Macky, Matt Ervin and Nathan Unitt.
Draft taxation ruling released on composite items, identifying depreciating assets 5 October 2023 Given the ATO focus on capital allowances and the release of recent guidance on capitalised labour, Michael Baartz, Gabby Burcul, James Macky and Jenny Wong outline why taxpayers should consider the impact of the revised draft ruling on their positions.	Understanding ‘exploration’, ‘use’ and ‘first use’ in the Full Court’s Shell decision 31 January 2022 As detailed by Angelina Lagana, James Macky, Damien Williams and Jack Aquilina, the decision is likely to be welcomed by industry, as it represents a comprehensive win to the taxpayer with favourable interpretations of both ‘exploration’ and ‘use’.	What the ATO’s statement on the Victoria Power Networks decision means for infrastructure providers and beyond 10 March 2021 While the broader utility of this decision may be limited, two general principles can be summarised from the case, as outlined by Tim Lynch, James Macky and Michael Baartz.
Ordinary income and the arm’s length value of ‘uneconomic assets’ – Victoria Power Networks appeal 5 November 2020 James Macky, Louise Lovering and Jenny Wong discuss a Full Federal Court decision which has, on appeal, partially overturned an earlier decision.	One Page: Taxpayer Alert 2020/2 5 June 2020 James Macky discusses the ATO’s review of cross-border arrangements that mischaracterise a structure used by foreign investors.	Licenced seismic data a depreciating asset says ATO 16 October 2019 A deduction over 15 years is usually the correct treatment unless an exception applies.
There’s no double jeopardy with mismatches 12 August 2019 James Macky explains the concept of double jeopardy and how its principles don't apply to the rules around hybrid mismatches and thin capitalisation.	The tie breaker where no one wins 7 August 2019 James Macky explains why tie-breakers should be avoided in the event of an Australian multinational group that operates in a country subject to the Multilateral Instrument.	Does tax make you happy? 7 September 2018 Finland ranks number one in the UN's happiness report while having high tax rates.
Don’t get burned on the churn 20 April 2018 James Macky and Steve Plant discuss new tax consolidation rules that can disadvantage taxpayers.	The law of unintended consequences 2 November 2016 James Macky expounds on potential unintended consequences of the OECD's proposed changes to the definition of a Permanent Establishment.

James Macky |