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Kelvin Yuen

Kelvin Yuen

Senior Associate
About

Kelvin Yuen practices in the area of corporate and international tax, with particular focus on mergers and acquisitions, venture capital, employee share schemes, tax controversy and disputes. His clients include companies in a range of sectors including technology, financial services and real estate.

He has advised companies ranging from start-up entities, small and medium businesses to listed entities regarding tax structuring acquisitions, tax consolidation and international tax issues.

Kelvin regularly provides tax advice to early stage innovation companies and early stage venture capital limited partnerships and has also been involved in various tax disputes and litigation including the recent case of Commissioner of Taxation (Cth) v Auctus Resources Pty Ltd.

Professional QualificationsSolicitor of the Supreme Court of Victoria

EXPERIENCE

  • Representing Auctus Resources Pty Ltd in its tax dispute with the Commissioner of Taxation in the Federal Court, Full Federal Court and special leave High Court application.
  • Tax structuring advice in relation to a cross-border merger and acquisition between a large international commercial banking corporation and a start-up entity in Australia.
  • Structuring of employee share plans for start-up entities.
  • Advising an early stage venture capital limited partnership (ESVCLP) on the tax implications of various investments considering the ESVCLP criteria both at initial acquisition stage and ongoing criteria.
  • Advising a large global investment fund on the permanent establishment issues in its acquisition of various commercial properties in Australia.
  • Advising on the IPO of one of Australia’s largest and most successful IPOs in 2017 and also other IPOs including a back-door listing.*

*Experience gained while at a previous firm

Languages
  • English
  • Chinese (Cantonese)
Education
  • Bachelor of Laws and Bachelor of Commerce (Monash University)
  • Graduate Diploma of Legal Practice (Australian National University)
  • Masters of Laws (Melbourne University)

Publications

  • The Law Institute Journal, “A multi-tiered tax system”, Co-Author, October 2019**
  • Tax Institute of Australia, “Individual Tax Day - Residency of Individuals and Trust”, Co-Author, August 2019**
  • Tax Institute Journal, “Navigating the trust loss provisions maze”, April 2019**
  • Tax Institute Journal, “A Matter of Trusts”, September 2018**

*Experience gained while at a previous firm

Pro Bono

  • Springvale Community Legal Centre
  • Hutchinson’s Legal

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