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Practically using the small business restructure rollover paper

Published on 13 Oct 16 by NEW SOUTH WALES DIVISION, THE TAX INSTITUTE

This paper covers:

  • what conditions must be satisfied to claim the SBR rollover?
  • what are the consequences of the SBR rollover applying?
  • genuine restructure of an ongoing business
  • ultimate economic ownership
  • consideration for the transfer
  • other issues to consider.

Author profiles

Alexander Whitney
Alex is a Senior Associate with with West Garbutt and was admitted as a solicitor in 2014. He has focused on technical tax for most of his career and has experience in the areas of income tax, CGT, GST, superannuation guarantee as well as disputes with revenue authorities.

Alex has acted for a broad range of clients, including family businesses, high wealth private groups, national non-profit organisations, deceased estates and corporate groups. He has acted on large transactions ($100M+) which required significant tax involvement, as well as objections and appeals for income tax, CGT and GST.

Alex has been published in a variety of publications including Bloomberg BNA Tax Planning International Asia Pacific Focus, the New South Wales Law Society Journal and the Tax Institute of Australia ‘Taxation in Australia’ journal.

- Current at 30 August 2019
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Dung Lam CTA
Dung is a Tax Team Leader at Argyle Lawyers with more than 20 years’ experience in advising on a wide variety of taxes including income tax, capital gains tax, GST and state taxes such as duty, payroll tax and land tax. Dung also has extensive experience advising on taxation trusts, superannuation issues in the self-managed superannuation funds arena and tax issues related to estate planning. Dung advises a broad range of clients ranging from corporates, small to medium enterprises, high net worth individuals, professional firms, accountants, financial planners and their clients. - Current at 26 June 2019
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Mark West CTA
Photo of author, Mark WEST Mark is a principal and founder at West Garbutt. Qualified as a lawyer, chartered accountant and chartered tax adviser, Mark provides advice across the spectrum of taxes. He has experience in income tax, capital gains tax, goods and services tax, fringe benefits tax, payroll tax and land tax. Mark assists with all legal matters involving taxation law, including making applications for private, class or product rulings from the ATO. He assists with tax audits and with related settlement negotiations with the ATO and State revenue authorities. He also provides tax advice on restructures, mergers and acquisitions, and on debt and equity fundraisings. He has acted for clients in tax cases before the Administrative Appeals Tribunal and the Full Federal Court. Mark conducts tax due diligence reviews, prudential reviews (i.e. prior to ATO or State revenue authority audit) of taxation exposures and gives opinions on uncertain or ‘reportable’ tax positions. Mark acts for high wealth individuals, for private groups and for listed company groups across sectors including engineering, investment funds, information technology and property. He has a number of clients in the retirement living field and is a recognised expert on taxation issues in that industry. He also advises on taxation matters for the non-profit sector, including private ancillary foundations. Mark regularly conducts training and presentations on taxation matters for accounting and legal firms as well as for professional and industry bodies. Marks expertise has been recognised by his peers for many years. In recent years Mark been listed as a leading tax lawyer in Queensland by Doyles Guide for 2017 and 2018. Mark has also been recognised by his peers for inclusion in the The Best Lawyers™ in Australia since 2013 for Tax Law, Retirement Villages and Senior Living Law. - Current at 19 September 2019
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This was presented at 2016 SME Tax Symposium .

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