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Unlocking value from private companies: Ten things you might want to know but were too afraid to ask paper
Published on 07 May 09 by SOUTH AUSTRALIAN DIVISION, THE TAX INSTITUTE
Our tax system ensures that a company is not a personal bank account or cash box to be dipped into as and when required without tax implications (whether we understand them or not). In tough economic times, the temptation is to not pay close enough attention to the tax pitfalls in accessing wealth located within a company or a corporate structure. This paper considers ten things you might want to know about liberating wealth from companies, including:
- can a trust make distributions of income to a company without ever transferring cash or property?
- can a company issue a dividend access share and bypass existing shareholders in distributing funds?
- can returns of capital be taxed as dividends?
- can private company groups ever demerge?
Author profiles
Paul Sokolowski CTA

Shaun Cartoon FTI
Shaun advises on a broad range of taxation issues in corporate, international and employment taxation, with a focus on M&A, capital management, employee share plans and superannuation. He also has experience in tax audits and disputes and has been involved in the carriage of tax cases through the Australian courts. Shaun is a member of Allens' Accelerate, an initiative aimed at providing cost efficient tax and legal services to high growth startup companies in Australia. - Current at 24 April 2017
This was presented at 42nd South Australian Convention: Playing to Win .
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Trust distributions: Achieving the desired outcomes
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Unlocking value from private companies: Ten things you might want to know but were too afraid to ask
Author(s): Paul SOKOLOWSKI, Shaun CARTOONMaterials from this session:
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Commercial and tax issues in property leasing transactions
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GST update
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Tax issues in uncertain economic times
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Land tax
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FBT changes and minor benefits
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A road map to blackhole expenditure
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Unit trusts – A preferred business structure?
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Late breaking tax news
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Tax and climate change – Are you keeping up?
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Taxing and structuring termination payments
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