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Structuring and restructuring paper


This paper deals with the key structuring and restructuring issues for professional practices focusing on:

  • starting from scratch - should you use a partnership, trust, company or a combination
  • changing the existing structure – what are the options, issues and traps 
  • other critical issues including: 
    • maintaining access to CGT small business concessions
    • asset protection and related matters 
    • rewarding key employees
    • impact of other taxes including duty and payroll tax.

Author profile

David Marschke CTA
Photo of author, David MARSCHKE David is a specialist tax and legal adviser who acts for listed and private corporate groups, and their owners, in all areas of tax and related law including GST and state taxes. David has been involved in a wide range M&A transactions assisting listed and unlisted entities and has significant expertise dealing with tax effective business restructures and exits. He is a specialist adviser on trust law and taxation of trusts including MITs. David recently founded dbm horizons as a boutique legal, tax and consulting firm. Prior to founding dbm horizons David was a tax partner at national law firm. In addition, David has significant experience assisting taxpayers and their advisers in dispute matters including tax reviews, audits and complex tax negotiations, and settlements with the ATO and the State revenue offices. David is a Legal Practitioner, Registered Tax Agent, Chartered Tax Adviser and is a member of Chartered Accountants Australia and New Zealand. - Current at 11 July 2018
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This was presented at Practice Makes Perfect: Structuring and Restructuring Professional Practices .

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Introduction and landscape

Author(s):  Scott McGill

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