Published on 31 Oct 13
by NEW SOUTH WALES DIVISION, THE TAX INSTITUTE
Where more than one party is involved in a business, providing upfront agreed mechanism for separation is something that can ensure that drawn out separation squabbles are avoided. It is essentially the equivalent of the pre-nuptial in a business settings and needs to be carefully considered including bearing in mind the likely issues and consequences.
This paper covers:
- why we have buy/sell agreements
- funding options, including insurance
- tax considerations on insurance – who owns the policy, who pays the premium
- limitations to insurance and wider considerations
- options and consequences when buy/sell triggered – income tax (including CGT), stamp duty, other fiscal implications
- generally no perfect answer – some practical case studies.
Scott is a Partner at Pitcher Partners Sydney where he focuses on taxation, business, structuring and succession issues for a wide range of clients. Scott also heads the property industry speciality in the Sydney practice, working with small and large developers, retirement village operators and investors as well as aged care providers. Scott is active in The Tax Institute as New South Wales State Chair, and in number of technical forums including the Property Council, Retirement Living Council and CAANZ taxation working groups. He has extensive experience in income tax, GST and state taxes from both his time in public practice as well as at the ATO, and has a reputation for achieving commercial outcomes on complex issues.
- Current at
04 January 2018