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Goodwill and Taxation Isssues paper

Published on 23 Nov 07 by THE TAX INSTITUTE

Goodwill is the asset used in business each and everyday and which the expanding enterprise ultimately expects to cash out at a premium (whether by a trade sale, float or management buyout). Tax reduces the value available to the business owners and must be understood and controlled. Confusion often exists between value attributable to goodwill and other assets (generally IP). This paper will deal with:

  • Identifying goodwill - what is it legally?
  • The source of goodwill in intangible assets such as licences, trademark and designs
  • Goodwill - CGT and Division 40
  • The fiction and consequences of goodwill licensing )Just Jeans issues)
  • Franchisee's goodwill and what happens when the franchise ends?
  • Goodwill - know-how and show-how; the differences and CGT consequences 

Author profile

Prof Michael Walpole CTA
Photo of author, Michael WALPOLE Prof Michael Walpole CTA is the Head of School at the School of Taxation and Business Law (including Atax) in the UNSW Business School. Prior to academic life, Michael worked as a Tax Consultant with Ernst & Young, and prior to that he was in private practice as a legal practitioner (solicitor and barrister). As a partner in a small firm, Michael's legal practice was extremely varied, ranging from criminal defence, through family law and estate planning, to commercial and taxation matters. Michael has authored and co-authored several books including Proposals for the Reform of the Taxation of Goodwill, Understanding Taxation Law and Compliance Cost Control. Michael has also written and presented many papers on his research topics to practitioner and academic audiences in Australia and overseas. He is the editor of the Australian Tax Forum and he is also author and co-author of a number of articles on GST, taxation of intellectual property, tax administration and taxation compliance costs. He has been awarded the Hill Medal by the Australasian Tax Teachers Association (ATTA) for his contribution to tax teaching and is a past President of ATTA. Michael is an International Research Fellow at the Oxford University Centre for Business Tax in the Said Business School, University of Oxford. In 2010 and 2012, he was engaged in a project at the Centre for Business Tax to study the role of tax in choices made by large companies when locating valuable intangible property. In 2012, Michael was also a Visiting Professor in the Centre for Tax Policy and Administration at the OECD in Paris. While at the OECD, Michael worked on research projects related to VAT and to tax compliance costs and he continues to contribute to the work of the CTPA Indirect Taxes division. - Current at 30 May 2017
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This was presented at 15th National Tax Intensive Retreat: Growing Pains - Expanding Family Businesses .

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