Demystifying taxation treatment of franchising paper

Member Price: $57.00

Non Member Price: $75.00

Publication date: 28 May 08

Source: NEW SOUTH WALES DIVISION, THE TAX INSTITUTE

Abstract:

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 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 17 December 2014
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