Jason Barnes

Jason Barnes

Jason Barnes is a Special Counsel in the Melbourne office of King & Wood Mallesons with nearly 20 years' tax experience. His experience includes two secondments to major banks in Hong Kong and Melbourne.  Euromoney LMG included Jason in its Rising Stars guide in 2016 to 2018.

Jason primarily practices in the area of income tax (including tax audits and litigation), but his practice extends to goods and services tax, payroll tax and stamp duty.

Jason advises Australian and overseas clients in the financial services, insurance, infrastructure, energy and resources, gaming and entertainment and retail sectors on the tax aspects of, amongst other things, financing, international and cross-border, commercial and capital management transactions.

Jason has been an active member of The Tax Institute, including presenting at various forums and conferences, chairing and being a member of the organising committee for The Tax Institute’s Victorian 3rd, 4th and 5th Annual Tax Forums from 2015 to 2017 and co-chairing The Tax Institute’s Younger Tax Practitioners seminars from 2010 to 2017.

Representative matters

General commercial

  • Citigroup in relation to the transfer of RBC’s custodian business to Citi
  • Multinational investment bank in relation to the imported hybrid mismatch implications for its Australian groups
  • Australian health insurance company in relation to transfer pricing, thin capitalisation, branch and service model disputes with the Australian Taxation Office and general head office and business as usual transactions
  • Commonwealth Government in relation to Snowy Hydro acquisition and Snowy Hydro 2.0
  • BHP Billiton in relation to the demerger of South32
  • Multinational oil and gas company in relation to the acquisition of interests in the Cooper Basin and an asset swap involving interests in the Browse and Clio / Acme titles
  • Interlink Roads in relation to the widening of the M5 Motorway and associated debt refinancing
  • Goldman Sachs in relation to the acquisition of the remaining interest in Goldman Sachs & Partners Australia
  • Greenhill & Co., Inc. in relation to the acquisition of Caliburn Partnership
  • Danaher Corporation in relation to its acquisition of Vision Systems Limited and post-acquisition restructuring.

Disputes

  • Crown Resorts in relation to a test case on the application of section 25-90 and Part IVA concerning the deductibility of interest payable on funds borrowed to make foreign acquisitions
  • US Attorney’s Office in relation to a US tax dispute with AIG
  • KPMG in relation to the receivership of unregistered managed investment schemes associated with Mark Letten
  • Consolidated Media Holdings in relation to Federal, Full Federal and High Court proceedings in relation to an income tax dispute with the Commissioner of Taxation
  • Australian operations of a multinational mining company in relation to the application of the ‘exploration or prospecting’ capital allowance provisions.

Publications and presentations

  • The Tax Institute’s 51st WA State Convention on “The Best Pathway to Engage with the ATO” (2018)
  • Panellist at the ATO’s Private Groups & High Wealth Individuals Technical Conference (Melbourne) session on “Understanding the External Environment” (2016)
  • Involved in ATO / Treasury consultation and ongoing discussions regarding the design and practical implementation of the foreign resident CGT withholding rules (2015 – 2016)
  • “Recent Trends in Demergers” - Tax Institute Corporate Tax Club in Perth (2014)
  • Australian chapter for the current edition of the LexisNexis Guide to FATCA Compliance (2014)
  • “Tax Consequences of Corporate Financing” chapter of Australian Corporate Finance Law LexisNexis publication (2012 - current)
  • “My Client: The Junior Explorer” - The Tax Institute (2012)
  • “Changes to the dividend payment rules and the associated income tax implications” published in Taxation in Australia (November 2010).

Professional background

Jason has an Honours Degree of Bachelor of Commerce and a Bachelor of Laws degree (with Honours) from Monash University and a Master of Laws from the University of Melbourne. He is a Barrister and Solicitor of the Supreme Court of Victoria and the High Court of Australia, a member of the Law Institute of Victoria and has Chartered Tax Advisor designation with The Tax Institute.

Location

Legal insights

Analysis of the 2017-18 Australian Federal Budget's corporate tax reforms and proposed regulatory changes.

09 May 2017

New Bill proposes non-final foreign resident withholding tax on transactions involving ‘taxable Australian property’.

04 December 2015

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