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The focus of this paper is to revisit the topic of 'Business Dealings' in the context of the Ralph Tax Reform. The emphasis is on resident small business taxpayers. Assets are considered to be post-CGT assets, unless otherwise stated.The discussion generally deals with companies as trusts are dealt with in detail during the remainder of the seminar. When trusts commence to be taxed as companies, similar considerations will apply as set out in this paper.
Mark L ROBERTSON
This paper will be taking a snapshot look at three recent developments in the taxation of trusts: The Commissioner's statement of what is a resettlement of a trust; The application of the deemed dividend provisions (Div. 7A) to trusts and the Commissioner's disturbing approach to interpretation; The requirements imposed on trustees of closely held trusts to disclose Ultimate beneficiaries.
This paper is concerned with the changes to the taxation of trusts announced by the Federal Government following the release of the Review of Business Taxation A Tax System Redesigned. I have confined my detailed comments to those trusts that will be included in the entity taxation arrangements contained in those proposals. I have made only brief references to the changes applicable to Collective Investment Vehicles (CIVs) as this paper focuses on the changes affecting closely held trusts.
Special provisions for small business taxpayers have been part of the capital gains tax framework since the enactment of the original Part IIIA of the Income Tax Assessment Act 1936 ("the 1936 Act"), which provided in Division 19 for concessional treatment of the proceeds of sale of goodwill. Further roll-over and exemption provisions were enacted in Divisions 17A and 17B of that Part with effect from 1 July 1997, relating respectively to a rollover where small business assets were replaced, and an exemption for proceeds of sale of small business assets applied to retirement benefits.
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