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Asset Protection and Business Succession - Current Issues

Published on 10 Mar 2006 | Took place at Pacific International, Cairns , QLD

Australian society is becoming more litigious and as a result many businesses both small and large are focusing on asset protection strategies and the options available. A key constraint that is explored in these seminar materials is implementing asset protection strategies is the tax and stamp duty cost of restructuring.

This seminar also looked at Australias baby boomers who are looking towards retirement where many of them intend to fund retirement by selling or otherwise dealing with the ownership of their businesses. Significant issues arise for advisors seeking to balance how to sell businesses in a tax effective manner for the owner, while still ensuring the arrangements are commercially acceptable to the purchaser. In many cases, there is the added complication of retention strategies that have been implemented for existing owners and employees which often include equity interests in the business.

This seminar also addressed the tax and stamp duty issues associated with restructuring companies and trusts for business succession and asset protection with a particular focus on managing the above issues and providing solutions that minimise the tax and stamp duty costs. While also addressing the issues associated with the bankruptcy rules.

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

Individual sessions

Restructuring alternatives

Author(s):  Matthew BURGESS

This paper focuses on the capital gains tax rollovers that are most often used in the context of restructuring and business succession together with the related stamp duty issues that need to be taken into account. The main issues that will be dealt with are:

  • scrip for scrip arrangements
  • individual to company rollovers
  • company to company rollovers
  • consolidations
  • stamp duty concessions.

This paper was also presented by the author at the "SMEs - there's more to know!" seminar held in Brisbane on 10 February 2006 and by David Marschke at the "Asset Protection and Business Succession - Current Issues" seminar held in Cairns on 10 March 2006.

Materials from this session:

Restructuring for asset protection and business succession

Author(s):  David MARSCHKE

The focus this paper is on the availability of and successful use of the following:

  • scrip for scrip arrangements
  • individual to company rollovers
  • company to company rollovers
  • consolidations
  • stamp duty concessions.
This is an updated version of a paper presented by the author at the 'Restructuring for Asset Protection and Business Succession' seminar held in Brisbane on 13 September 2005.
Materials from this session: