Small business CGT relief and related party transactions paper

Published on 29 Aug 13 by NATIONAL DIVISION, THE TAX INSTITUTE

This paper covers:

Small Business CGT Relief

• the main CGT relief and the interface with super, eg the CGT cap amountrollovers to super
• can a taxpayer obtain CGT relief on an in specie asset transfer to super?
• are there any differences for in specie transfers under the 15 year rule compared to the retirement relief?
• what are the planning tips and traps that advisers must watch out for?

Related Party Transactions

• the new rules for related party acquisitions and disposals
• what are the quirks with the new rules and who qualifies as an independent valuer?
• can listed securities be transferred off market as well as on market to minimise brokerage and transfer costs?
• how do the new rules apply to private companies and non-geared unit trusts which may hold real property?

Author profiles

Daniel Butler CTA

Dan is one of Australia's leading SMSF lawyers and has worked predominantly in the SMSF, tax and related fields for over 30 years. He is a regular presenter on SMSF topics and has published extensively in professional journals including contributing a monthly article on SMSFs to the Taxation in Australia and other media. Dan is a member of the ATO's Superannuation Industry Relationship Network (SIRN), the Chair of The Tax Institute's National Superannuation Committee, a member of the Law Institute of Victoria's Tax Committee, and is involved with a number of other tax and SMSF committees. Dan presents on the subject Taxation of Superannuation at the University of Melbourne's Master of Laws/Tax program. Dan is also a CTA and a Specialist SMSF Advisor. - Current at 30 August 2017

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David Oon

David is a Consultant with DBA Lawyers. - Current at 30 August 2017

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