Home People Joey Borensztajn AM
Joey Borensztajn AM
BEc, LLB (Monash)
ABL Private, Corporate and M&A, Native Title & Public Interest Law, Taxation
jborensztajn@abl.com.au
linkedin/Joey.BorensztajnAM
About Joey
Joey Borensztajn AM has over 40 years' experience in commercial and taxation law. He is a commercial lawyer with an extensive private client practice and has a deep knowledge of taxation, trusts, philanthropy and charitable giving, and estate and business succession planning.
Joey has a quiet, understated approach, which belies his very achievement-focused practice. He has an outstanding rapport with clients who seek him out for his vast commercial experience and skills in taxation law, including tax advice, planning, audit and dispute work. Joey's commercial practice also involves structuring, business and company acquisitions and sales and joint ventures. He has been a partner of Arnold Bloch Leibler since 1991.
Joey is recognised as a notable practitioner for his expertise in charities and private wealth law by the prominent international guide to law firms, Chambers Asia Pacific and Chambers High-net-worth. He is applauded for this "in-depth expertise in trusts and tax planning, as well as business succession and charitable planning matters." He has also been listed as a recommended lawyer for tax in Legal 500 Asia Pacific, and in Best Lawyers® International for corporate law. Sources say he is "sharp, responsive and communicative."
Arnold Bloch Leibler represents, a diverse group of charitable and not-for-profit organisations that are active in the cultural, health, welfare, religious, Indigenous and environmental sectors, and advises on all aspects of their establishment, access to available tax concessions and day-to-day operations. The firm is widely regarded as being one of the foremost law firms in relation to Private and Public Ancillary Funds – Joey and his team have helped the firm's clients establish over 100 Australian Tax Office (ATO) approved Private and Public Ancillary Funds.
As part of the 2019 Queen's Birthday Honours List, Joey was appointed as a Member in the General Division of the Order of Australia (AM). He was recognised for significant service to the community through a diverse group of charitable and not-for-profit organisations. The Order of Australia is the pre-eminent means by which Australia recognises the outstanding and meritorious service of its citizens.
"Joey Borensztajn protects my interests like they were his own."
Client quote, Chambers High-net-worth guide
Joey's practice focuses on the following areas:
commercial and corporate law, including acquisitions, sales, joint ventures and governance issues and corporate and trust structuring and restructuring
taxation, stamp duty and land tax issues
strategic planning and the structuring and implementation of appropriate business and investment vehicles, including trusts and advising on and documenting shareholder, unitholder and joint venture agreements
private clients, estate, tax and trusts planning
business succession planning, including asset and business succession and control, succession documentation for trusts and companies, and family and governance agreements and constitutions, and
philanthropy and charitable giving, including establishment of special purpose philanthropic entities and private and public ancillary funds (PAFs).
Joey has acted for clients in a range of matters including:
Business succession and estate planning
high-net-worth individuals and families: in relation to:
tax, trusts and estate planning
asset and business succession and control
succession documentation for trusts and companies, and
family and governance agreements and constitutions.
high-net-worth individuals and families: in relation to ATO tax audits, including advising on, negotiating and settling large cases and high wealth audits
various clients: in relation to tax structuring and planning advice, including obtaining private rulings on proposed transactions from the ATO and effective structuring of transactions to minimise adverse tax consequences
various not-for-profit clients: in relation to applications for income tax exempt and deductable gift recipient status and in relation to the establishment of Private Ancillary Funds (PAFs) and Public Ancillary Fund (PuAFs), and
education and sporting organisations: in relation to taxation, structuring and other corporate advice.
Corporate and commercial law
commercial property owners: in relation to enquiries by the State Revenue Office aimed at the grouping or aggregation of client entities or the application of various land tax exemptions and the land rich provisions for land tax purposes
various clients: in relation to acquisitions, sales, joint ventures and governance issues and corporate and trust structuring and restructuring, and
various clients: in relation to strategic planning and the structuring and implementation of appropriate business and investment vehicles, including trusts and advising on and documenting shareholder, unitholder and joint venture agreements.
Not-for-profit roles
Joey is a member of the Not-for-profit Stewardship Group for the Australian Taxation Office. He is also actively involved in a number of community based and not-for-profit organisations, and currently holds the following positions:
Director, Collingwood Football Club Foundation Limited
Life member and Director, Mount Scopus College Foundation Limited
Director, Jewish Holocaust Centre Foundation Limited
President, Australian Friends of Yad Vashem Inc
Director, Australian Foundation for Yad Vashem Limited
Director, Access Foundation Limited
Director, Australian Medical Robotics Academy Limited
Director of a number of clients PAFs
Joey is recognised as a leading lawyer by various international guides to lawyers and law firms, including
Best Lawyers® International: corporate law
Chambers Asia Pacific: charities and private wealth
Chambers High-net-worth: charities and private wealth, and
Legal 500 Asia Pacific: tax.
Contact Joey Borensztajn AM
Take a look at Insights & News articles referencing Joey Borensztajn AM
BEPS 2.0 – A taxing time for big tech
On 8 October 2021, the OECD released a historic statement, transforming the international tax landscape and addressing the tax challenges that arise from globalisation and the increasingly digital economy (October Statement).
Top 5 private group tax developments in 2021
In this article our Tax team has reflected on the most significant tax developments for private groups over the past 12 months and some to watch out for in 2022.
Joey Borensztajn recognised at Collingwood Football Club AGM
At last week's Annual General Meeting of the Collingwood Football Club, partner Joey Borensztajn was presented with a prestigious special services award for his work in support of the Collingwood Football Club Foundation. The club's media release described Joey as a significant contributor to Collingwood's philanthropic mission.
Next 5,000 findings report issued by the ATO
The Australian Tax Office (ATO) has published its Next 5,000 findings report which covers its observations and insights into what the ATO has seen through the program to date.
ABL acts for Global Citizen on landmark charities decision
Arnold Bloch Leibler has acted in securing a huge win for the Australian arm of the international anti-poverty charity Global Citizen, on its registration dispute with charities regulator the Australian Charities and Not-for-profits Commission (ACNC).
ATO sets its sights on undeclared foreign income
The ATO has recently released an alert (TA 2021/2): Disguising undeclared foreign income as gifts or loans from related overseas entities.
A snapshot: 6 need-to-know developments for charities and not-for-profits
Our Public Interest team provides an update on recent legislative and regulatory changes in the Australian charities and not-for-profits sector.
Arnold Bloch Leibler ranked No. 1 by Chambers High Net Worth guide
Four Arnold Bloch Leibler partners have been listed in this year's Chambers High Net Worth guide, with the firm maintaining its Band 1 ranking for Private Wealth Law.
Vic budget update for landholders and property developers
The 2021-22 Victorian budget unveiled a suite of tax hikes.
Introducing the Arnold Bloch Leibler Tax Disputes Portal
With the ATO now re-focusing on compliance programs directed at private wealth, Arnold Bloch Leibler's renowned tax practice has developed an online portal to provide clients and tax practitioners with current information as three new compliance programs are rolled out.
Arnold Bloch Leibler features in 2021 Chambers Asia Pacific guide
Arnold Bloch Leibler has once again been recognised as a leading firm by the independent legal guide Chambers Asia Pacific.
Victoria reduces red tape for charitable fundraisers
In very welcome news, Victoria has reduced the regulatory burden for charitable fundraising within Victoria. From 1 September 2020, charities registered with the Australian Charities and Not-for-profits Commission (ACNC) are not required to apply for a fundraising licence in Victoria.
ABL features prominently in Chambers High Net Worth Guide
Arnold Bloch Leibler (ABL) has once again been ranked Band 1 for Private Wealth Law in Chambers High Net Worth Guide for 2020.
Changes to NSW property laws 'reinventing history'
In today's AFR, Partner Joey Borensztajn explains that changes to stamp duty laws in NSW have widespread implications beyond their original intention of improving housing affordability for domestic buyers.
Changes to the application of foreign surcharges for trusts acquiring or holding NSW residential property
The State Revenue Legislation Further Amendment Act 2020, which came into effect in New South Wales on 24 June 2020, includes changes to "foreign person surcharges" for purchaser duty and land tax relevant to residential land in NSW owned by discretionary trusts.
Philanthropy in the time of COVID-19
On 6 May 2020, the responsible minister for Charities, Senator Zed Seselja, announced a number of welcome changes regarding philanthropy in the time of COVID-19. These changes will encourage Public and Private Ancillary Funds to exceed annual distribution requirements and stimulate giving to disaster relief funds established for the relief of Australians in distress as a result of COVID-19.
ATO joins global coordinated fight against tax evasion, expected to implicate hundreds of Australians
The Australian Taxation Office (ATO) has commenced investigations into Australian individuals who are suspected of having undeclared income.
Charities update - 5 important developments
In this bulletin we update you on developments and announcements your charity should be aware of ahead of the New Year.
Expansion of the Tax Avoidance Taskforce for private groups and high wealth individuals
On 11 November 2019, the Australian Taxation Office announced that its Tax Avoidance Taskforce will now include three new programs that specifically address tax risks relating to private groups and high wealth individuals. All three programs are intended to involve ongoing and direct engagement with the ATO.
External Conduct Standards for charities operating overseas
The External Conduct Standards came into force in late July 2019 and relate to registered charities with activities overseas. All charities that operate outside Australia are required to comply with the External Conduct Standards, even basic religious charities (which do not have to comply with the Governance Standards).
ATO watching for foreign income – implementation of the new Common Reporting Standard
Information held in jurisdictions that were previously considered to be 'secrecy jurisdictions' or 'tax havens' is becoming increasingly accessible to the ATO.
Warning for recipients of foreign trust distributions!
Joey Borensztajn receives Queen's Birthday Honour
As part of the 2019 Queen's Birthday Honours List, Arnold Bloch Leibler Partner Joey Borensztajn has been appointed as a Member in the General Division of the Order of Australia (AM).
The Legal 500 Asia Pacific results 2019
Arnold Bloch Leibler (ABL) has been ranked across a number categories in the 2019 edition of the independent Legal 500 Asia Pacific guide.
Arnold Bloch Leibler listed in Chambers Asia Pacific 2019
Arnold Bloch Leibler (ABL) has received 22 individual lawyer rankings in the Asia Pacific guide of 2019 international legal directory Chambers and Partners.
Charities update: 5 key developments
There have been a number of changes for charities over the last few months. While much of the focus has been on foreign donations and election funding law reform, there are other changes afoot. To help you to stay up to date, we have outlined five key developments to be aware of.
Post Project DO IT – Offshore voluntary disclosures
On 2 May 2018, the Australian Financial Review reported that the Australian Taxation Office (ATO) had begun contacting 106 Australian private clients of Credit Suisse over $900 million in suspicious transactions linked to secret numbered accounts.