This session unpacked the tax treatment of earnouts from both the vendor’s and purchaser’s perspectives. It covers:
- The different types of earnouts;
- The tax treatment of ‘look-through earnout rights’ under Subdivision 118-I of the Income Tax Assessment Act 1997 (Cth), including how the small business CGT concession regime deals with those rights.
- The uncertainties surrounding the tax treatment of earnout rights not captured by Subdivision 118-I; and
- Tips from a drafting perspective to minimise uncertainty.