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Q&A: Tax consolidation, Div 7A and the Small Business Concessions


Ever since tax consolidation came into effect on 1 July 2002, there has been considerable difficulty in applying consolidation principles such as the entry history rule and the single entity rule to existing tax laws. In many cases, the laws were incompatible with each other and led to outcomes that were clearly contrary to what Parliament originally intended. This has lead to a number of Australian Taxation Office rulings, determinations and interpretive decisions. It has also led to a myriad of amendments to the consolidation legislation.

Author profiles

Jerome Tse CTA
Photo of author, Jerome TSE Jerome is a Partner at King & Wood Mallesons, specialising in taxation disputes and litigation. Jerome advises corporate taxpayers on all aspects of Australian tax disputes from the audit and independent review stage through to High Court litigation. He also guides clients through alternative dispute resolution processes, advance pricing agreements and mutual agreement procedures. - Current at 03 December 2020
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Andrew O'Bryan CTA
Andrew is a Partner at Hall & Wilcox Lawyers and provides advice on the application of a wide range of taxation. He has substantial knowledge of taxation and commercial practice and advises his clients on income tax, capital gains tax, tax audits and reviews, fringe benefits tax, business structuring and transactions, liquidations and reconstructions, superannuation, retirement planning, business succession, estate planning, and philanthropy. Andrew advises accounting and legal firms on their clients’ affairs. He also draws clients from industry, commerce and high-net-worth private family groups. One of his main interests is advising private business owners on the transition of management and control of family businesses to the next generation. Andrew has been recognised in the The Best Lawyers in Australia in Tax Law every year since 2014 and is a leading tax lawyer in Victoria in Doyle's Guide to the Australian Legal Profession. - Current at 12 November 2019
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