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Getting value out of companies - Part 1 paper


This paper deals with a number of tax efficient strategies adapted to extract money from companies. The paper covers principles in each case, the practicalities, what the ATO has had to say to date and the likely areas of focus by the ATO, both today and in the future. Topics covered include:

  • getting money out of cash box companies, dividends, super, termination payments, bonuses, retainers, consulting fees, liquidation
  • accessing the cash before it goes into a corporate beneficiary - via an interposed trust;
  • loans by companies to and out of limited partnerships;
  • acquiring wasting assets in companies with retained earnings;
  • treatment of franked dividends to non-residents (via discretionary trusts);
  • dividends to companies with negative net assets (via discretionary trusts);
  • dividends to negatively geared shareholders;
  • passing shares to the trustee of a testamentary trust;
  • converting 7-year loans to 25-year Div 7A complying loans; and
  • franked dividend to shareholder who makes super contributions.

Author profile:

Author Photo - Paul Hockridge CTA
Paul Hockridge CTA
Paul is a Tax Partner at Mutual Trust with over 30 years' experience in tax, asset protection, estate succession planning, FBT and salary packaging. Paul specialises in advising high wealth families and closely held businesses as well as many accounting and law firms. Paul teaches in the Masters program in the Law School at the University of Melbourne and has been involved in consultation with both federal and state governments on a variety of tax matters. Current at 08 July 2015 Click here to expand/collapse more articles by Paul HOCKRIDGE.

This was presented at 17th National Tax Intensive Retreat: Extracting Value.

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Individual sessions

Recent developments relating to discretionary trusts - getting money out of trusts against the wishes of the trustee & appointor

Author(s):  Lisa HESPE

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