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Part IVA issues for SMEs paper


The new (and "improved") Part IVA has grown out the ATO's desire to "push the boundaries" of tax litigation. It seems rare that Part IVA is not invoked where a transaction has a flavour other than "plain vanilla": have we moved from a smell test to a taste test, and what does it all mean for SME taxpayers in your client base (and what does your insurance say about Part IVA?).

This paper covers:

  • the "new and improved" Part IVA
  • the ATO's problems with Part IVA in the Courts
  • what the new version will mean for the future
  • handling the two key aspects of any Part IVA matter
  • dividend access shares, asset protection and business restructuring to access the small business CGT concessions: will Part IVA apply (and which one)?
  • insurance issues for advisors.

Author profile:

Author Photo - Graeme Cooper CTA
Prof Graeme Cooper CTA
Graeme is Professor of Taxation Law at the University of Sydney and a consultant to Greenwoods & Herbert Smith Freehills. He is a former New South Wales State Council Chairman of The Tax Institute and currently a member of the National Council. He has worked as a consultant to the ATO, Treasury, Board of Taxation, United Nations, OECD, World Bank and International Monetary Fund. He was admitted to legal practice in New South Wales (1980) and Victoria (1999), and practised commercial law and tax in Sydney before entering teaching. He has taught tax in law schools in Australia, Europe and the United States, and holds degrees from the University of Sydney, University of Illinois and Columbia University, New York. Current at 11 January 2016 Click here to expand/collapse more articles by Graeme COOPER.

This was presented at Expanding Private Business Series: Structures.

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Part IVA issues for SMEs

Author(s):  Graeme COOPER

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