Eli Bursky

Expertise

Eli is a taxation specialist in the firm’s national corporate and commercial group and brings over 15 years’ experience advising in the areas of tax, trusts and commercial law. 

Eli’s experience spans Australia and the United Kingdom where he has acted for publicly and privately owned groups and high net-worth individuals on all aspects of direct and indirect tax. 

Eli also has experience in tax disputes and litigation, having been involved in many complex tax audits and proceedings in the Administrative Appeals Tribunal, Federal Court of Australia and the High Court of Australia.

Experience

Eli's experience includes: 

• advising significant private groups on various restructures
• advising a client on the sale of its $30 million business
• advising landholders on the revenue/capital nature of land development
• preparing a private ruling application to the ATO regarding whether assets acquired before 20 September 1985 are pre-CGT assets under Division 149
• preparing a private ruling application in relation to the application of the small business CGT concessions
• advising a listed company on structuring a termination payment to an employee
• advising a private group on the duty implications of acquiring a WA business
  advising clients on the application of family trust distribution tax and in relation to family trust elections and interposed entity elections
• advising an Australian company on the financing of a redemption of hybrid securities issued in New Zealand
• advising the Australian branch of a foreign bank on the deductibility of guarantee fees paid under a synthetic securitisation
• advising a consortium on the holding structure for certain renewable energy infrastructure in the Pilbara region
• advising on the new debt deduction creation rules
• advising on the Australian tax implications of investing in an Irish corporate fund vehicle with various sub-funds and preparing tax summary for prospectus
• advising a subsidiary of a US parent on the deductibility of amounts paid to reimburse parent for restricted stock units issued to employees of subsidiary
• advising a private company on the Division 7A implications of a loan funded share plan
  reviewing and drafting various share purchase agreements
• advising a UK-listed bank on the divestment of its Russian operations
• advising a private equity-backed company on the merger of its smart meter business with another such business and the formation of joint venture
• advising a UK-listed company on the “hive-down” and sale of a non-core business
• advising a UK fund administrator on an asset sale
• advising private equity firms on various acquisitions and disposals in industries including funds management, infrastructure and transport
• advising on a $650 million offering and listing of global depositary receipts on the Shanghai-London Stock Connect segment of the London Stock Exchange
• advising a secondary fund manager on the formation of a rated note feeder fund structure
• advising a real estate fund manager on the formation of a new UK forestry and carbon credit fund
• advising a UK-listed multinational group on the corporate criminal offence of failure to prevent the facilitation of tax evasion and conducting a risk assessment review
• advising Woolworths Group Limited on an off-market share buy-back and seeking class and private rulings from the Australian Taxation Office
• advising Woolworths on the merger of its drinks business and ALH Group to form Endeavour Group and the subsequent demerger of Endeavour Group
• advising Downer EDI Ltd on the divestment of its mining businesses by way of share and asset sales
• advising Downer on its $1.4 billion debt refinancing
• advising Commonwealth Bank of Australia on the sale of AUSIEX (Commsec Adviser Services) to Nomura Research Institute
• advising on a convertible note issuance by Flight Centre Travel Group Limited
• advising Judo Bank on its IPO and listing on the ASX
• advising Kina Petroleum on its redomiciliation from PNG to BVI by way of a “top hat” scheme of arrangement
• advising Realside Capital Pty Ltd on the formation of a private credit fund
• advising Westpac Banking Corporation on its Vanilla Instalment Equity Warrants (VIEWs) product
• advising a private group on the controlled foreign company (CFC) and other implications of the redomiciliation of its operations
• advising on the establishment of various employee share schemes
• preparing tax summaries in various public disclosure documents
• advising various issuers on the public offer withholding tax exemption in section 128F
• advising various clients on securities lending agreements.