Corporatising the family farm
Published Date: 10 Nov 2025
This article looks at some of the opportunities and challenges, from a tax perspective, presented by restructuring a family run primary production business into a corporate entity. It starts by looking at why a non-corporate structure might be no longer fit for purpose and hence why introducing a corporate entity may be worth considering. The article then goes on to explore, through an agribusiness lense, some of the roll-overs and concessions that one may be able to avail themselves of to perform a restructure in the most tax-effective manner possible — in particular, the small business restructure roll-over in Subdiv 328-G of the Income Tax Assessment Act 1997 (Cth) (ITAA97), the small business CGT concessions in Div 152 of the Income Tax Assessment Act 1936 (Cth), the roll-over to a wholly-owned company in Subdiv 122-A or 122-B ITAA97, and the trading
stock election available in s 70-100 ITAA97 for reconstitution of partnerships.
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- Published By: Karen Goodfellow CTA, Frederick Mahar
- Published On:10 Nov 2025
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