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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 of Mutual Trust, has over 30 years experience in advising high-wealth families, closely held businesses and accounting and legal firms on tax, asset protection and estate and succession planning. He has particular expertise in litigation support and property development. Paul started his career with the ATO and has worked in major legal and accounting firms. Prior to joining Mutual Trust, he was a Tax Partner at Deloitte Private for several years. For a number of years, Paul has been a regular author and speaker on taxation matters, particularly in relation to tax aspects of business and investment structuring, estate and succession planning and salary packaging. - Current at 26 September 2017
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This was presented at 2008 Tasmanian State Convention .

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