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Partnership restructuring/generational change case study

Published on 22 Oct 05 by SOUTH AUSTRALIAN DIVISION, THE TAX INSTITUTE

This case study considers the issues that arise when partners in a primary production business want to bring in new partners or pass the business to the next generation. The case study covers:

  • reconstitution of the partnership and continuing ownership issues
  • restructuring using new entities for asset ownership
  • livestock and capital allowance rollovers
  • Division 152 issues for partners leaving the business
  • accounting vs tax treatment of partner exits/entries
  • stamp duty exemptions including use of tightly held family trusts.

Author profile

Peter Slegers CTA
Photo of author, Peter SLEGERS Peter Slegers, LLB (Hons), MTax, CTA Partner Cowell Clarke Peter heads Cowell Clarke's tax and revenue practice group. Peter advises and acts for a wide range of public and private companies as well as for the trustees of self managed superannuation funds. Peter’s areas of expertise include: income tax (as it impacts on business and high net worth clients); capital gains tax; goods and services tax; state taxes and superannuation law. Peter also does succession planning work and is involved in significant business restructures. Peter is regularly involved in advising SMSF trustees on issues associated with superannuation income streams. Peter has a master’s degree in taxation from the University of NSW – ATAX School. Peter is also a member of the Australian Institute of Company Directors and the SMSF Professionals Association of Australia Ltd. Peter is a member of the Tax Institute’s South Australian State Council. - Current at 19 July 2017
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This was presented at South Australian Tax Intensive Seminar .

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