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Roadmap to Business Structuring

Published on 19 Nov 2004 | Took place at Christie Corporate Conference Centre, Brisbane, QLD

Starting? Growing? Retiring? Assets need protection? This is important business! The correct choice of business structure is essential. The efficient re-organisation of an ownership structure can be an important step in growing a business, preparing a business for sale, transferring a business to family members, or simply trying to protect assets. Different ownership structures produce different tax results for the same economic transaction, and it is important to know the differences.

This seminar considered the issues to be taken into account when choosing a business structure, as well as the specialist techniques required to restructure business groups without causing unnecessary and detrimental tax consequences. The program also looked at the issues of liberating wealth from corporate structures and provided real insight into contemporary asset protection issues, including proposed changes to the Bankruptcy Law and the role of the professional advisor in asset protection.

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Individual sessions

Choosing a Business Structure

Author(s):  Brian J RICHARDS

This paper covers the following topics:

  • types of structures
  • what to consider
  • planning for the small business CGT concessions
  • use of losses
  • maximising after-tax return.
Materials from this session:

Mid Life Crisis

Author(s):  Craig DARLEY,  James PETERSON

This seminar paper covers the following topics:

  • GST issues - going concern
  • R&D concessions
  • warranties in sale documents
  • due diligence issues
  • losses
  • scrip for scrip - family company reconstructions
  • share value shifting.

This paper was also presented by Craig Darley at the Roadmap to Business Structuring seminar held in Brisbane on 19 November 2004.

Materials from this session:

Getting money out of companies

Author(s):  Paul SOKOLOWSKI

This paper covers the intricacies of distributing or liberating wealth from continuing companies including:

  • the advantages of schemes of arrangement in complex client structures
  • what to do to deal with value shifting traps
  • dealing effectively with possible debt forgiveness implications
  • structuring and optimising capital reductions / buybacks - avoiding assessable dividends
  • capital benefits and dividend streaming implications.

This paper was also presented by Michael Hennessey at the 'Roadmap to Business Structures' seminar held in Brisbane on 19 November 2004. Michael also presented a large proportion of the paper at the 'My Client the Retiree/Investor' seminar held in Maroochydore on 8 April 2005 and at the '2005 North Queensland Convention' held in Townsville on 19 and 20 May 2005.

Materials from this session:

10 tips and traps for SMEs

Author(s):  Ash CHOTAI

This paper covers the following topics:

  • Frequent Flyer points
  • family trust elections
  • trading stock issues
  • GST and Div 129 adjustments
  • Division 7A issues
Materials from this session:

Asset Protection & Implications for Estate Planning

Author(s):  Greg CAHILL

This paper covers the following topics:

  • status of the proposals in relation to the bankruptcy changes
  • the latest asset protection issues and strategies
  • asset protection implications of family law disputes
  • reducing the risk of a successful challenge to client's Will.

This paper is a slightly updated version of a paper presented at the 'Estate, Asset and Business Succession Planning' and 'Roadmap to Business Structuring' seminars held in Brisbane on 19 August 2004 and 19 November 2004 respectively.

Materials from this session: