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Unlocking value from private companies: Ten things you might want to know but were too afraid to ask paper


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:

Shaun Cartoon FTI
Shaun advises domestic and international corporations on a broad range of taxation issues in corporate, international and employment taxation, with a focus on M&A and employee share plans. 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, a new initiative aimed at providing cost efficient tax and legal services to high growth startup companies in Australia. Current at 28 July 2016 Click here to expand/collapse more articles by Shaun CARTOON.
Author Photo - Paul Sokolowski CTA
Paul Sokolowski CTA
Paul is a Partner at Arnold Bloch Leibler and the Practice Leader of the firm’s taxation practice. He provides strategic and technical advice to a diverse range of Australian and international clients, including high net worth individuals, some of Australia’s largest family groups and public companies. Paul regularly acts in significant and complex audits, disputes and litigation. Current at 28 July 2016 Click here to expand/collapse more articles by Paul SOKOLOWSKI.

This was presented at 42nd South Australian Convention: Playing to Win.

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Author(s):  Ian READ

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