Published on 17 Oct 03
by SOUTH AUSTRALIAN DIVISION, THE TAX INSTITUTE
This important new law can assist practitioners access the CGT small business concessions for their clients in
situations where they might not currently be eligible. How this legislation works is a must for SME advisers and not
just large corporate groups. A simple restructure using demerger relief could make a big difference!
These case studies cover:
- rationale for demerger relief
- types of demergers allowed
- who can demerge
- implications for private groups
- CGT corporate and shareholder relief
- demerger dividend exemption
- anti-avoidance and section 45B
- obtaining rulings
- can Part IVA apply if demerger relief used to gain access to Div 152?
Peter is a corporate tax partner at KPMG and the leader of the firm's Mergers and Acquisitions tax group. Peter specialises in advising on acquisitions, divestments, capital raisings, privations and corporate restructures. He has been involved in numerous CGT reforms and has consulted with Federal Treasury and the ATO on the development of demerger tax relief for the last three years.
Current at 1 July 2004