A number of taxation issues arise for digital businesses transitioning to have a digital presence. This session considered these issues impacting upon digital business of all sizes, including:
- practical issues to consider when transitioning to a digital presence - hosting arrangements, customer terms and conditions, record retention for tax purposes and the deductibility of costs such as website establishment and maintenance
- in-house software and software development - depreciation and R&D
- residence and taxable presence - where a digital business is resident, how a permanent establishment (PE) arises (including the OECD's BEPS project on Pes).
- the character of income - withholding tax issues and when royalties arise (including the Seven Network case)
- recent Australian law changes impacting on digital business - GST changes, the multinational tax avoidance law and transfer pricing
- tax developments offshore and the potential for further law changes in Australia.