Setting Up a Company In Australia: A BioPharma Success Story

The key challenges I helped them address included:

• Establishing an appropriate legal and tax structure, including the appointment of an Australian resident director, which is a statutory requirement.
• Ensuring compliance with transfer pricing (TP) rules for dealings with the US parent company.
• Protecting intellectual property (IP) and managing R&D agreements to ensure eligibility for the Australian R&D Tax Incentive program to support clinical research funding.

I was appointed as the resident director of the new subsidiary and used my local knowledge and networks to coordinate the specialist advisors the client needed. This involved:

• Incorporating the subsidiary and registering it with the Australian Tax Office (ATO).
• Referring a law firm experienced in R&D and IP draft agreements.
• Engaging a TP consultant to ensure compliance with Australia’s TP rules.
• Connecting the client with an R&D tax rebate consultant and managing communication between parties.

The client is now positioned to conduct multi-year clinical trials in Australia in full compliance with the Therapeutic Goods Administration (TGA). With the subsidiary established, governance in place and advisory networks coordinated, the company can focus on progressing its research.

I continue to serve as the resident director, providing continuity and oversight throughout the clinical trial program. My team also delivers ongoing accounting and advisory support to ensure the structure remains tax-efficient and compliant.

This case highlights the importance of local expertise and trusted coordination. By bringing together the right tax, legal and regulatory advisors, we enabled the client to establish operations smoothly in Australia and focus on their core operations.