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Expanding Private Business Series: Structures

Published on 06 Aug 2013 | Took place at Tattersall's Club, Brisbane, QLD

    The Expanding Private Business Series looks at the many different aspects to making a small business grow. Day 1 in this series focused on using structures for business growth and covered the following topics:
  • restructuring for growth
  • funding expansions
  • acquiring the competition
  • restructuring the family business
  • asset protection
  • the new Part IVA and SME transactions.

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

Individual sessions

Restructuring for growth

Author(s):  Craig BARRY

Well run businesses develop to a point, and beyond that point outgrow their structure. Prior to undertaking a capital injection, or admission of new participants, it’s often desirable to undertake some preparatory restructure work. If you fail to prepare, you prepare to fail…

This paper covers:

  • Byrne Hotels – ensuring you meet the $6m MNAV test, and don’t overstep the mark
  • market value of assets, and recent cases
  • separating value assets from operating assets
  • licencing of the assets of the business
  • incorporation of partnerships – is it always a good idea?
  • dividend access shares – is TD 2013/D5 the death knell?
Materials from this session:

Funding expansions

Author(s):  Dean RALLISON

Things are finally going in the right direction, the bank manager is smiling and the business is expanding, but this growth has to be funded. This paper looks at the issues that surround funding expansion. Funding can come from a number of sources, banks, private equity, management buy-in’s and related parties. Each of these areas can raise some challenging commercial and tax issues.

This paper covers:

  • restructuring and rolling over to bring in a new investor
  • what entity should be used for the new activity? Is the current structure best suited for expansion?
  • management “buy-ins”
  • debt / equity rules – will my interest payments still be deductible?
  • dealing with Division 7A issues prior to expansion
  • venture capital funding and the types of instruments used.
Materials from this session:

Restructuring the family business

Author(s):  Peter J MCKNOULTY

Dealing with families is often fraught with danger and planning in advance is critical. The advisor can play an important role in safeguarding both the wishes of the family and the asset base accumulated over the years. This paper explores some of the issues that have arisen in his experience as an advisor to high net wealth private groups. Itl covers:

  • intergenerational transfers of family business and investments – succession planning
  • the real family issues – operators and non-operators; non-business assets; timing and personalities
  • developing a family succession strategy – problem heirs
  • implementation and technicalities – intra-family agreements and family constitutions; wills and enduring powers of attorney; updating the documentation.
Materials from this session:

Asset protection

Author(s):  Brian J RICHARDS

Can you still protect your client’s assets? In recent times there have been numerous developments which have challenged the effectiveness of trust structures and the ability to protect your assets. When it comes to asset protection there is no “one size fits all”. Clients in the same profession can have completely different risk profiles and family dynamics. Is there still hope for those at risk?

This paper covers:

  • protecting both business and family assets
  • the importance of powers of attorney
  • bankruptcy clawback rules
  • Family Court distinction between property of a marriage and a financial resource
  • CGT and testamentary trusts.
Materials from this session:

Part IVA issues for SMEs

Author(s):  Graeme COOPER

The new (and "improved") Part IVA has grown out the ATO's desire to "push the boundaries" of tax litigation. It seems rare that Part IVA is not invoked where a transaction has a flavour other than "plain vanilla": have we moved from a smell test to a taste test, and what does it all mean for SME taxpayers in your client base (and what does your insurance say about Part IVA?).

This paper covers:

  • the "new and improved" Part IVA
  • the ATO's problems with Part IVA in the Courts
  • what the new version will mean for the future
  • handling the two key aspects of any Part IVA matter
  • dividend access shares, asset protection and business restructuring to access the small business CGT concessions: will Part IVA apply (and which one)?
  • insurance issues for advisors.
Materials from this session: