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Building, buying, holding, selling and valuing intangible business assets paper

Published on 13 Mar 09 by NATIONAL DIVISION, THE TAX INSTITUTE

Today, intangibles lurk below the surface of the basic financial statements of a business but often hold the real value. The tax treatment for owners, buyers and sellers can vary widely. You may think you’re selling “goodwill”, which will be completely free of tax because of the CGT concessions. What if the valuable asset is in fact copyright, which is not in the CGT regime? So it pays to explore and identify the true legal nature of intangibles and their commercial value, particularly in related party transactions or internal restructures.This paper covers:

  • distinguishing intellectual property from other intangibles
  • which intangibles hold the real value?
  • intangibles covered by the CGT regime
  • intangibles covered by the Div 40 UCA regime
  • commercialising or selling: what should the contracts say?

Author profile:

Author Photo - Andrew O'Bryan CTA
Andrew O'Bryan CTA
Andrew is a senior tax partner at Hall & Wilcox Lawyers. He has over 25 years' experience giving expert tax advice to private business and wealthy family groups. He has particular expertise in the tax aspects of succession planning and in managing complex disputes with the Australian Taxation Office. Current at 21 June 2016 Click here to expand/collapse more articles by Andrew O'BRYAN.
 

This was presented at 24th National Convention 2009.

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