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Myriam Robin

Mark Carnegie reveals the tax tourist within

The philanthropist, who reckons the rich should pay more tax, has taken his ex-wife to court to take advantage of a Kiwi tax holiday.

Myriam RobinRear Window editor

The break-ups of the fabulously wealthy are usually shrouded in mystery (and non-publication orders). So it was with rare and unexpected relish that readers of The Sydney Morning Herald were on Monday treated to some of the details of Mark Carnegie’s split with Tanya Nelson Carnegie, courtesy of a rather peculiar judgment enforcing the execution of a term sheet the two signed in 2021.

Taking one’s former wife to court 15 years after one’s separation is hard to do covertly. But evidently, some things are worth the publicity.

For the purposes of taxation, Mark Carnegie isn’t a Kiwi (yet).  Michael Quelch

In Carnegie’s case, at stake was a $13 million tax boon arising out of his move to New Zealand. That nation grants new Kiwis a four-year reprieve from being considered residents for the purposes of taxation. Carnegie’s transitional tax residency window shuts in January, leading to his haste to expatriate $35.4 million in foreign income from a family trust. This was being frustrated, until the judgment, by his ex-wife not signing some paperwork.

Carnegie’s going to such lengths to take advantage of New Zealand’s legal tax exemptions is worth remembering the next time the philanthropist, crypto investor and public policy enthusiast takes a position on Australia’s taxation system.

Its main issue, he was telling all who would listen a decade ago, is that it didn’t tax the wealthy enough.

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“I have for some time believed that the Australian taxation system is tilted a little too much in favour of the upper end of income earners,” he wrote in a submission to the Gillard government’s tax forum in 2011. He wanted the wealthiest 15 per cent of Australians to pay 15 per cent more tax, through a range of measures such as family trust reforms or a cap on negative gearing deductions.

He was still banging the drum four years later in 2015, telling the then Abbott government that he had few delusions about its willingness to implement much-needed higher taxes. “Tax needs to fall disproportionately on the rich – everyone agrees on that now,” he told this publication then.

Antipodean Warren Buffett routine

But surely the amount of tax paid by the rich in an allegedly progressive tax regime is affected by their being able to do things like, say, lobbing a suit in the NSW Supreme Court to smooth over a few filing difficulties with an ex-wife? Or to easily relocate themselves to their luxury properties in jurisdictions such as New Zealand, among other wealthy migrants attracted by that nation’s lack of a capital gains tax?

While privately partaking of a legal tax minimisation strategy, in this case revealed only because his ex-wife stopped returning his letters, Carnegie simultaneously maintains his Antipodean Warren Buffett routine, proclaiming himself not the kind of businessman motivated solely by the lure of a dollar.

Others don’t know when to stop. Others are motivated by something “deep and dark inside their soul”, or the score of their personal net worth. Not Carnegie, who mused on The Australian Financial Review’s How I Made It podcast this month that everyone just wanted to pay off their mortgage, have a decent holiday, care for their parents into old age and give their kids enough that they can do everything but not so much they can do nothing. “Beyond that, what do you need it for?”

The podcast revived Carnegie’s favourite self-description, apparently first coined by John Singleton, that he had the good fortune to be born with both a silver spoon in his mouth and a chip on his shoulder. The chip may inspire him to do things such as funding the Australian Council of Social Service to model how to shield the poor from tax increases, or to engage in all sorts of other charitable endeavours. But the silver spoon, we’d suggest, has other priorities.

Myriam Robin is Rear Window editor based in the Melbourne newsroom. A Rear Window columnist since 2017, she previously reported on financial markets and media. Connect with Myriam on Twitter. Email Myriam at myriam.robin@afr.com

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