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Small business restructure roll-over – opportunities and traps

Published on 01 Apr 16 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE

As part of the 2015-16 Budget, the government committed to providing greater flexibility for small businesses when changing their legal structure. To this end, the Tax Laws Amendment (Small Business Restructure Roll-over) Act 2016 was enacted to enable a new small business restructure roll-over (SBR roll-over) that allows small businesses whose aggregate annual turnover is less than $2m to restructure their business asset holdings without income tax and CGT liabilities. In light of the upcoming 1 July 2016 commencement date, this article examines the opportunities and traps of the new SBR roll-over, how the roll-over works, the conditions that must be satisfied to claim the roll-over, the “genuine restructure” and “ultimate economic ownership” requirements, and anti-avoidance provisions that need to be taken into account when using the roll-over.

The article also provides examples where the roll-over might be appropriate, and considers stamp duty and GST issues, and the exemptions or concessions that may be available.

Author profiles

Mark West CTA
Photo of author, Mark WEST Mark is a qualified as a lawyer, chartered accountant and chartered tax adviser, Mark provides advice across the spectrum of taxes. Mark assists with all legal matters involving taxation law. He advises on appropriate business or investment structures/restructures and on making applications for rulings from the ATO. He assists with tax audits and with related settlement negotiations with the ATO and State revenue authorities. He has acted for clients in tax cases before the Administrative Appeals Tribunal and the Full Federal Court. Mark been listed as a leading tax lawyer in Queensland by Doyles Guide and The Best Lawyers™ in Australia. - Current at 15 March 2021
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Dung Lam CTA
Dung is a Special Counsel at Coleman Greig 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 is a Chartered Tax Adviser, full member of the Society of Trusts and Estate Practitioners, an accredited Specialist in Business and Personal Tax with the NSW Law Society, a member of the Business Law Section Taxation Committee of the Law Council of Australia and a member of the NSW Law Society Liaison Committee with the Revenue NSW. 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 24 February 2021
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