Commercial and Corporate

Philip Diviny

Principal
Philip Diviny

Philip is a highly regarded tax lawyer with extensive experience across tax advisory, tax controversy and international tax matters.

Philip advises clients in a wide range of industries including property, infrastructure, agriculture, shipping, chemicals and health.

Recognised with Acquisition International’s Best in Tax Audits – Australia Award in both 2015 and 2016, Philip combines legal precision with strong financial and technical expertise as both a Chartered Accountant and Chartered Tax Adviser. His practice spans ATO audits and litigation, corporate and property transactions, complex restructures and infrastructure projects.

Philip regularly represents clients in disputes with the ATO, including Federal Court and Full Federal Court proceedings, and advises on transfer pricing, CGT, GST and professional negligence claims involving tax advisers.

With a unique blend of legal and accounting experience, Philip is known for his ability to distil complex tax issues into clear, commercially practical advice that supports confident decision-making.

Focus Areas

  • Taxation Planning, Advice and Strategy
  • SMSF Advisory
  • Tax controversies
    • Tax disputes
    • Tax Audits
  • International Tax
    • Transfer Pricing
    • Withholding Tax

Recognition and Thought Leadership

Philip is a current member of the Advisory Panel to the Board of Taxation and a regular speaker and presenter. He is the former author of the Australian chapter for the publications “International Tax and Investment Service” and “International Taxation of Low Tax Transactions” published by the Center for International Legal Studies.

Recognised with Acquisition International’s Best in Tax Audits – Australia Award in both 2015 and 2016.

In the Media

Philip has been a regular guest speaker for The Education Network for many years, presenting on taxation legal matters surrounding property development and property transactions, employment and contracting of staff, complex family trust distributions (including cross-border trusts) and general tax effectiveness in restructuring and company operations for business owners and tax accountants.

2023

14th Annual Business and Property Tax Conference – “Is Your Property Project Structure Sound?”

Tax Traps and Hazards in Property Development

2022

Independent Contractors, the Tax Risks and the High Court’s Last Word

Employee or Contractor: The Tax and Super Conundrums

Tax Fundamentals for Accountants: Allowable Deductions – Core Issues in Practice

2021

Dodging the Tax Traps and Pitfalls in Property Development Planning

12th Annual Business and Property Tax Conference – “Tax Traps and Pitfalls for Property Developers”

2020

Restructuring Structures That Do Not Work: Maximising Tax Effectiveness

Annual Family Business Taxation Conference – “Property Developments and Mere Realisation: The Commissioner Changes His Spots”

Managing Distributions in Cross-Border Trusts

Advising First-time Property Developers: Key Tax Imperatives

 

Notable Matters

  • Representing clients involved in ATO audits, including on transfer pricing, CGT and GST.
  • Acting in Federal Court and Full Federal Court litigation against the ATO.
  • Advising on all tax aspects of corporate transactions, including acquisitions, sales, restructures and demergers.
  • Advising on the tax aspects of infrastructure projects and property developments.
  • Applying for and obtaining private rulings.
  • Acting for individual taxpayers in complex matters involving the ATO, including Project Wickenby and directors penalty notice issues.
  • Advising on tax-related professional negligence claims both for and against accountants and tax advisers.

 

Madgwicks Lawyers pride themselves in their skill set

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