Published on 28 Apr 05
by WESTERN AUSTRALIAN DIVISION, THE TAX INSTITUTE
This presentation explores the taxation issues arising from the sale of a business and considers a number of practical issues including the following:
- a comparison between the sale of business assets vs. sale of business entity
- allocation of purchase price between assets sold
- taxation rollovers
- goodwill and restrictive covenants
- post-sale earnout and claw back clauses
- termination payments
- accessing proceeds of sale through a company
- tax losses.
Adam is a Partner in the Corporate and Commercial team at Jackson McDonald. Adam has over 20 years experience in commercial and taxation law, including state and federal taxation, commercial transactions, trusts, charities and not-for-profits. Jackson McDonald, led by Adam, has been a leader in the WA market for many years in the native title space. The firm has been invited to work closely on the majority of the state’s major native title settlement packages. Adam is well regarded nationally for his expertise and forward-thinking on tax-effective trust structures for managing native title benefits. He has remained a key participant in the national “debate” on the appropriate tax framework for native title benefits. His contributions are noted in the Mineral Council of Australia’s submission to the Federal Government Working Group on Taxation of Native Title which is based on his 2007 publication entitled “Improvements to the Tax and Legal Environment for Aboriginal Community Organisations and Trusts”. Adam has been at the forefront of this changing landscape for the past decade and is committed to the growth of the Indigenous sector.
- Current at
14 February 2016