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CGT small business concessions - selected issues paper

Published on 06 Oct 06 by VICTORIAN DIVISION, THE TAX INSTITUTE

In the recent Federal Budget changes arising from the Board of Taxation’s post implementation review of the small business CGT concessions were announced, together with a new significant stakeholder test. This paper re-examines the small business CGT concessions from a practical perspective, highlighting some of the proposed changes and considering the traps that practitioners must continue to monitor. The paper considers:

  • can a taxpayer’s structure result in a failure to satisfy the threshold tests?
  • is there an active asset?
  • what does need to be included in the maximum net asset value test?
  • how does the connection test operate?
  • what are the compliance traps?
  • what are the implications of choosing some concessions over others?
This was also presented by Ron Jorgensen on 21 Octobe 2006 at the Tasmanian State Convention.

Author profiles

Daniel Smedley CTA
Daniel Smedley, CTA enjoys solving complex taxation and trust law issues for private enterprise clients. He is also a trusted confidant in planning the succession of his client’s personal and business affairs. Daniel is a Chartered Tax Advisor with The Tax Institute, accredited as a specialist in Taxation Law with the Law Institute of Victoria, and the principal author of the Trust Structures Guide, recognised by The Tax Institute as "the leading resource for anyone advising on trusts, structuring and planning issues". In both 2016 and 2017, Daniel was named one of Australia's “Best Lawyers of the Year” in the practice of tax law. The list is compiled by Best Lawyers and published in the Australian Financial Review. Daniel has also been recognised in Doyles Guide as a recommended tax lawyer in 2016 and 2017. Daniel is a regular presenter at state and national industry conventions, conferences and workshops. - Current at 21 September 2018
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Ronald Jorgensen CTA
Ron Jorgensen, CTA, is a Partner at Thomson Geer Lawyers. Ron principally consults on Commonwealth and State tax laws, tax dispute resolution and compliance enforcements, and specialises in trusts and trust disputes, succession and asset protection, business and investment structuring and tax-sensitive commercial and property transactions. Ron is an Accredited Specialist in Tax Law, a Senior Fellow, University of Melbourne Master of Laws program, a member of the Law Institute of Victoria and a respected technical writer and presenter. - Current at 12 June 2018
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This was presented at 45th Victorian State Convention: Finding buried treasure .

Get a 20% discount when you buy all the items from this event.

Individual sessions



CGT Rollovers: restructuring for the top end

Author(s):  Richard CZERWIK,  Stephen CARPENTER

Materials from this session:








International tax - there's treasure buried all over the world

Author(s):  Liam COLLINS

Materials from this session:



Consolidation...unfinished business

Author(s):  Michelle DE NIESE

Materials from this session:




The 'ins' and 'outs' of testamentary trusts

Author(s):  Bruce COOK

Materials from this session:

Exploring new waters - emerging trust issues

Author(s):  Graeme HALPERIN

Materials from this session:


Further details about this event:

 

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