Tools for tax effective pre death structuring and succession planning presentation

Published on 30 Oct 13 by VICTORIAN DIVISION, THE TAX INSTITUTE

In order to give effect to a client’s succession objectives it is often necessary to undertake some asset restructuring or divestment pre-retirement or pre-death to ensure that assets are passed to the next generation without unintended tax abrasion. Most advisors are aware that to position your client in a suitable light, the narrow and complex, high road of specific tax exemptions has to be well charted and trodden carefully.

This presentation provides consideration of key issues arising in this context:

• recognised concessions and tax implications available following death
• commercial considerations/tax implications in passing assets before death
• common reasons for pre-death restructures
• relevant CGT roll-overs including CGT small business concessions
• stamp duty exemptions and relief
• GST considerations for business restructures.

Author profile

Carlos Barros

Carlos is Special Counsel, Macpherson Kelley (previously with the Tax Avoidance Taskforce, Australian Taxation Office). - Current at 15 October 2019

More by Carlos Barros

• Capital gains tax issues with respect to various intangibles upon deconsolidation - 01-October-2019
• Clash of the deeming provisions: pre-CGT concessions, tax consolidation and policy in the Federal Court - 01-October-2016
• A matter of trusts: Streaming problems where capital gain proceeds are dissipated - 01-November-2015
• Tools for tax effective pre death structuring and succession planning paper - 14-November-2013

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