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An iceberg sunk the Titanic


Access to the CGT small business concessions depends on satisfying four basic conditions that, in turn, rely on layered conditions which focus on the characteristics of CGT assets and entities. This article explores, with 19 examples, complexities that arise when a company owned by Mum and Dad is the trading entity. Unanticipated outcomes highlight the difficulty of planning and protecting a client's exit strategy. Comparative results tables are included.

Author profiles

Anthony Evans CTA
Tony is the founding director of Gustax Consulting Pty Ltd (trading as “Just Tax Consulting”). - Current at 01 November 2010
Christopher Wallis CTA
Chris commenced practice as a Barrister in 1991 and 27 years later has a strong no nonsense reputation throughout Australia in the fields of equity and revenue law. Chris’ focus is on keeping clients out of the AAT and Court using attention to detail and negotiation to secure certainty for clients at the earliest opportunity, a focus which has involved him in numerous in-house facilitation sessions. Chris is a regularly published author and a member of the Editorial Board of the Australian Tax Law Bulletin and also of the Australasian Tax Teachers Association (ATTA). Chris presents regularly throughout Australia for the professional bodies and ATTA and has completed studies in international tax at the Institute for Austrian and International Tax Law at Wirtschafts Universitat in Vienna and the IBFD in Amsterdam. Two of Chris' recently published articles have addressed issues arising under the ATO's in-house facilitation process. Subsequent changes to the process reflected observations in the articles. - Current at 08 October 2019
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