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Business and entity sales: stamp duty issues paper

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.

Author profiles

Sue Williamson CTA-Life
Sue is a partner at EY specialising in tax controversy. Sue has worked in tax for more than 25 years, including roles in major law firms and executive roles within the firms in which she has been a partner. Sue was the President of The Tax Institute in 2008, has been a member of several advisory boards, has participated in many consultative forums and lectures in the University of Melbourne Masters of Law program. Sue was a member of the instructing solicitor team working on the Placer Dome litigation. - Current at 26 June 2019
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Jennee Chan CTA
Jennee 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 firms and in-house tax. - Current at 07 August 2019
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This was presented at Business and Entity Sales Series: GST and Stamp Duty Issues .

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