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Buy/ sell and key man insurance paper

Published on 18 Oct 08 by TASMANIAN DIVISION, THE TAX INSTITUTE

A buy-sell agreement is an agreement under which the proprietors of a business contract to buy the equity or interest of another proprietor in the event of death/trauma or total or permanent disablement. To finance the transfer or the equity, the parties usually take out some form of insurance. This paper looks at key tax and commercial issues associated with buy-sell agreements, with special focus on:

  • self insurance and insurance trusts
  • using super funds for this purpose
  • share buy-back and unit redemption traps
  • when equity is held by trusts but insurance proceeds are paid to individuals.

Author profile

Paul Hockridge CTA
Photo of author, Paul HOCKRIDGE Paul Hockridge, CTA, is Head of Tax Advisory at Mutual Trust, Australia’s leading multi-family office. He has worked for the ATO, a large law firm, has been a partner in medium and Big 4 chartered accounting firms and has over 30 years' experience in tax, asset protection, estate and succession planning. Paul’s niches include litigation support, property development and FBT and salary packaging. Paul specialises in advising high wealth families and closely held businesses, as well as providing support for a number of accounting and law firms. Paul maintains a practicing certificate as a legal practitioner in Victoria, is a fellow of both CPA Australia and Chartered Accountants Australian and New Zealand and is senior fellow and teaches in the Masters program in the Law School at the University of Melbourne. He sits on The Tax Institute’s Victorian Technical Committee and the FBT and Employment Taxes Committee and has been involved in consultation with both federal and state governments on a variety of tax matters. Paul also contributes to The Tax Institute’s book, Estate and Business Succession Planning. Perhaps Paul is best known as a regular presenter at local, State and National Tax Institute conferences. - Current at 15 February 2018
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This was presented at 2008 Tasmanian State Convention .

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