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Demystifying taxation treatment of franchising paper

Published on 28 May 08 by NEW SOUTH WALES DIVISION, THE TAX INSTITUTE

More and more businesses are taking advantage of the mutual benefits that are available with franchise arrangements. The franchisor is provided with an avenue to grow its business whilst the franchisee has immediate access to the trade name, operating systems and reputation of the franchisor. This paper demystifies franchises and considers many of the common tax and structuring issues associated with them. Topics covered include:

  • what is a franchise?
  • overview of regulatory framework for franchises
  • when is a franchise arrangement appropriate?
  • structuring issues for franchisors and franchisees
  • taxation treatment of:
    • upfront franchise fees
    • ongoing franchise fees
    • other fees and costs (marketing, fit outs etc)
  • Intellectual property and goodwill issues
  • Tax issues on sale, termination and expiry.

Author profile:

Benjamin Wilson
CTA
Ben Wilson is a Partner with Cosoff Cudmore Knox Lawyers and has a wide range of experience in corporate and commercial transactions, with a particular focus on taxation and superannuation. He regularly advises clients on estate planning and business succession planning issues. He acts for high net wealth individuals and family groups with businesses in a range of industries. Ben is a member of the Taxation Institute's State Council and a former chair and member of the Tax Institute's Education Committee.
Current at 10 February 2016 Click here to expand/collapse more articles by Ben WILSON.
 

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