Darren McClafferty

Darren McClafferty

Darren McClafferty specialises in income tax, employment taxes, the taxation of not-for-profits and international tax matters. Darren also has particular experience advising financial services and insurance clients. Darren’s work primarily involves managing the tax issues arising in mergers and acquisitions and financial transactions, as well as providing more general tax advice. Darren is described as “outstanding” in Chambers Global Guide 2016, and is recognised for having “a commercial understanding of the transactions”.

Darren has significant experience in working with Federal and State Governments and statutory authorities as both clients and regulators. Darren has managed tax related disputes and audit processes, particularly with the Australian Taxation Office, the Australian Charities and Not-for-profit Commission, the Australian Securities and Investments Commission and the State revenue authorities.

Representative Matters

  • Telstra Corporation Limited – tax advisor in relation to several of Telstra’s transformation projects, focusing primarily on ATO and Federal Government engagement, including in respect of the restructuring of Telstra’s directories and advertising business and subsequent sale.
  • AMP Limited – tax and structuring advisor on recent divestments and transformation initiatives; managing tax disputes with Federal and State authorities and in respect of recent acquisitions; and advising on its successful subordinated debt raisings and related capital management initiatives.
  • GE – tax and structuring advisor on the disposal of GE’s consumer finance business in Australia, including the management of State revenue office engagement and coordinating appropriate concessions.
  • South32 – tax advisor in respect of the demerger of South 32’s global assets from BHP Billiton and separate pricing and structuring arrangements.
  • Transaction Insurers –assessment of risk in over forty M&A transactions in the past 12 months. This process has involved considering the risk associated with a wide variety of business structures and activities.
  • National Australia Bank – tax advisor to National Australia Bank on its 5.5bn rights issue capital raising and proposed demerger of Clydesdale Bank in the UK.
  • Not-for-profit sector – advisor to the Australian Red Cross Society, the Smith Family and the Royal Flying Doctor’s Service. Responsible for establishing numerous specialist charities, including benevolent organisations, scholarship funds and overseas aid funds.
  • Government work and public authorities – advising on structuring and availability of concessionary reliefs and equivalence taxation for housing projects in the Northern Territory (NT Government); project work for CSIRO and A.N.S.T.O; and advising on legislative reform arising from the 2009 Victoria Bushfires (Victorian Government and Australian Red Cross Society).

Location

Legal insights

Over the course of almost a decade, the ATO has been consistently focused on ensuring foreign income of Australian residents is taxed correctly in Australia.

27 September 2021

On 2 September 2021, the Federal Parliament passed legislation to require listed entities to provide a notice to their market operator containing certain details about payments they received under...

03 September 2021

CCIV Mark II deals with the major stumbling blocks which had held back the CCIV from successful implementation.

27 August 2021

On 25 June 2021 the Australian Taxation Office released its draft ruling Income tax: royalties – character of receipts in respect of software (TR 2021/D4).

16 July 2021

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