Tax Attribute Preservation Director

The mandate

The committee wants independent challenge on whether tax losses, credits, basis and other attributes are being preserved—or consciously traded away—when ownership, financing, business activity or legal structure changes. The standing question is difficult because eligibility depends on both technical rules and evolving facts, while economic value depends on realistic utilisation rather than nominal balances.

For five months, the adviser will hold one weekly case session, a monthly sponsor review and one scheduled committee discussion. Initial work will test the attribute inventory and factual triggers; later sessions will examine selected decisions and monitoring; the final review will assess whether accountable leaders can identify a preservation issue early enough to retain options.

This appointment confers no line authority, transaction veto, filing responsibility or ability to direct legal steps. The Director may challenge evidence, quantify scenarios, recommend escalation and state that a proposed action risks an attribute. Management and the appropriate governing body remain responsible for the economic choice and legal implementation.

All recent transaction advice, board roles, counterparty relationships and economic interests relevant to attribute decisions must be disclosed. Recusal will apply where safeguards are not credible. Renewal requires a new standing board question; the adviser will not remain solely to monitor execution of already accepted management actions.

What you will own

• Test the completeness and legal ownership of material losses, credits, basis, elections and limitation attributes against filed and accounting records.
• Challenge utilisation forecasts for timing, character, expiry, legal access, continuity requirements and double counting with other tax benefits.
• Identify ownership, activity, financing and restructuring events that could restrict or extinguish attributes before proposals become irreversible.
• Shape a decision paper that presents nominal balance, supportable value range, preservation cost, alternative route and accountable risk acceptance.
• Review monitoring controls for changes in facts, law, forecasts and planned actions that require reassessment.
• Facilitate two scenario sessions in which commercially attractive choices impair attributes through different technical mechanisms.
• Recommend escalation thresholds based on potential value loss, uncertainty, reversibility and decision lead time.
• Deliver a closing governance opinion on inventory reliability, decision quality and unresolved preservation vulnerabilities.

Candidate qualifications

• At least 18 years in direct and transaction tax, including Director-level work on preservation and utilisation of significant tax attributes.
• A decision where your analysis preserved an attribute or demonstrated that nominal value should not influence the commercial choice.
• Strong command of loss and credit utilisation, ownership or continuity restrictions, basis, character, expiry and tax-accounting interaction.
• Evidence of challenging optimistic utilisation forecasts without assuming the authority to change operating plans.
• Experience translating technically complex restriction rules into an economic range, alternatives and decision trigger for directors.
• A conflict record appropriate for sensitive ownership, transaction and counterparty discussions.
• Availability for two days a week and all scheduled Sydney governance reviews during the five-month term.

Working terms and boundaries

• The retainer covers two days a week for five months, weekly case sessions and one board or committee review in each month.
• The adviser has no line authority and cannot veto actions, amend structures, make filings, direct employees or accept tax risk.
• Detailed legal implementation, return amendments, valuations and transaction project management remain outside the advisory scope.
• Conflicts are retested as transactions and counterparties enter discussion, with recusal recorded by the committee sponsor.
• Closure occurs through the governance opinion and knowledge session; renewal needs a distinct approved question.

Application

Applications for this mandate are received in one way only: through the India Board Terminal's application process. It is automated end to end. Your Executive Passport travels to the mandate holder in its confidential form, your answers to the three questions below are read before anything else in your file, and every stage that follows is recorded on your applications page.

There is no address to write to and no intermediary to call. The mandate holder reads what the Terminal delivers and nothing else, which is what keeps the process the same for every applicant and keeps your name out of it until you release it. Applications close on 7 October 2026. Mandate reference TAX-ADV-2026-SYD-35.