Published on 28 Nov 06
by VICTORIAN DIVISION, THE TAX INSTITUTE
This paper covers the following issues in relation to the sale of a business with assets located throughout Australia:
- the types of property subject to duty in each jurisdiction
- share transfers and unit transfers
- land rich duty including the triggers in each jurisdiction and the exemptions available
- pre-sale structuring (including the availability of corporate reconstruction exemptions)
- impact of dividends paid pre-sale or in the course of the sale (Dick Smith case)
- put and call options
- traps and opportunities to look out for.
Sue leads EY's Melbourne Tax Controversy practice. She has acted in various AAT, Federal Court, High Court and Supreme Court cases relating to various Commonwealth and state taxes, and has advised clients on a broad range of taxation issues including income tax, GST and PRRT. Sue is also an accredited mediator and has assisted clients in resolving disputes using various alternative dispute resolution mechanisms. Sue is a member of the ATO Dispute Resolution Committee and is a former president of The Tax Institute.
- Current at
Jennee Chan, CTA, is a Senior Tax Counsel at Allens. Jennee specialises in transaction taxes, with a particular focus on GST and stamp duty. Her broad indirect tax practice lends itself to advising on the due diligence, financing and structuring aspects of a transaction. Jennee’s legal practice is complemented by her experiences working in Big 4 accounting and in-house tax.
- Current at
16 June 2017