Revenue-effective corporate restructures

Published on 01 Dec 15 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE

Any business enterprise may, at some stage of its life, find it necessary or desirable to restructure, for any of a variety of practical, business and even personal reasons. The revenue consequences of restructuring a business would often be prohibitive, but for various concessions provided under the tax and stamp duty laws. This article sets out and discusses the main revenue concessions available in relation to the restructuring of businesses operated via companies. In particular, the article considers individual to company roll-overs, partnership to company roll-overs, company to company roll-overs, scrip-for-scrip exchanges, the tax consolidations regime, and other transaction costs. In each case, the article discusses the relevant legal requirements, and offers insights into potential traps. In conclusion, the author believes that if a methodical approach is adopted, it will generally be possible to achieve all of the client’s commercial objectives without triggering adverse revenue consequences.

Author profile

Matthew Burgess CTA

Matthew co-founded specialist firm View Legal in 2014, having been a lawyer and partner of one of Australia’s leading independent law firms for over 17 years. Matthew’s passion is helping clients successfully achieve their goals. Matthew specialises in tax, and estate and succession planning, providing strategic advice to business owners and high net worth individuals. He has been recognised in the Best Lawyers list since 2014 in relation to trusts and estates and either personally or as part of View Legal in Doyles since 2015 in relation to taxation, and since 2017 in relation to wills, estates and succession planning. In part leveraging off the skills he has developed working in the SME market space, Matthew has been the catalyst for a number of innovative legal solutions for advisers and their clients, including establishing Australia’s first virtual law firm. - Current at 13 August 2018

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