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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

Professor Michael Walpole is the Associate Head of School (Research) at the School of Taxation and Business Law (including Atax) in the Australian School of Business.

Michael has a PhD in Taxation Law from the Faculty of Law UNSW. 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. As a partner in a small firm, Michael's legal practice was extremely varied. As an academic 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 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 co-editor of the Australian Tax Review 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, especially psychological costs of taxation compliance.

Michael is an International Research Fellow at the Oxford University Centre for Business Tax in the Said Business School, University of Oxford.

- Current at 27 April 2017
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This was presented at 15th National Tax Intensive Retreat: Growing Pains - Expanding Family Businesses .

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