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2nd Annual Family Planning Day

Published on 17 Sep 2012 | Took place at Hilton, Adelaide, SA

    This all day seminar was specifically tailored to advisors who provide advice to family owned groups within the SME market.
    Papers focus on the topical issues currently being faced by advisors in this market. These areas include Division 7A, holding real property in self managed superannuation funds, and succession and governance issues for a SME client.
    With the recent attack on trust structures by the ATO through the changes to taxation treatments on Unpaid Present Entitlement's, the new streaming measures and the definition of distributable income, many advisors are starting to question the viability of trust structures going forward. With this in mind, case studies have been used to work through the practical issues associated with restructuring clients out of a trust structure and in a company.
    Topics covered included:
  • Div 7A - UPEs for trusts running businesses/holding investment assets
  • buying and holding property through SMSFs
  • successions and governance issues
  • CGT/Rollovers
  • Stamp Duty
  • GST issues impacting family planning
  • practical issues of a re-structure

Get a 20% discount when you buy all the items from this event.

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Individual sessions

UPEs for trusts running business/holding investment assets

Author(s):  Ian SNOOK

With the recent views of the ATO in relation to Division 7A and the use of corporate beneficiaries this area is becoming even more of a minefield for
advisors when dealing with small to medium clients. This paper covers the practical issues arising from the recent changes including:

  • present and future challenges
  • corporate UPEs & trust chains
  • issues associated with treating company UPEs as Division 7A loans
  • monitoring corporate UPEs & trust chains
  • use of 25 year loans vs. 7 year loans.
Materials from this session:

Buying and holding property through SMSFs

Author(s):  Tasha NAIGE

This paper covers:

  • in-house asset rules
  • in specie contributions
  • dealing with restrictions due to contribution caps and new surcharge
  • borrowing through SMSFs
  • joint venture and co-ownership strategies
  • limitations on accountants providing advice.
Materials from this session:

Succession and governance issues

Author(s):  Kale RIGANO

Failing to plan is planning to fail. This paper looks at common issues encountered by family businesses including succession planning and tax risk management, and provide practical strategies which can be adopted for your clients.

This paper covers:

  • planned and unplanned exits from business – succession, sale and death
  • interaction of succession planning with estate planning
  • tools to achieve your client’s goals:
    • buy/sell agreements and funding considerations
    • shareholder and Unitholder Agreements
    • will clauses
  • corporate and trust governance issues
  • tax risk management:
    • ATO hotspots
    • practical strategies to improve client’s position should audit occur
    • strategies to defend ATO audits.
Materials from this session:

CGT/rollovers

Author(s):  Tim SANDOW,  Emma de Roos

One of the greatest impediments to any potential restructure is the application of Capital Gains Tax. Part 1 of this paper looks at the various rollovers available and some of the traps which need to be watched out for.

The second part of this paper focuses in depth on the following scenarios:

  • individual to company
    • option 1 – Individual principally owning capital assets
    • option 2 – Individual principally owning depreciable assets (low tax WDV but high market value)
  • unit trust to company
    • replacing the unit trust with a company
    • inserting a company as holder of all units.
Materials from this session:

Practical issues in a restructure

Author(s):  Grantley STEVENS,  John LEVY

A practical paper including tips of common items overlooked.

This paper addresses:

  • assignment of leases
  • banking issues
  • business names and intellectual property
  • corporate and compliance documentation
  • dealing with key contracts/leases
  • employees
  • licensing issues
  • PSSA
  • other transaction costs in addition to tax – valuations, conveyancing,government fees, bank fees, etc.
Materials from this session:

Stamp duty issues

Author(s):  Campbell RANKINE

Stamp duty is often a significant barrier to undertaking a restructure. This paper covers:

  • basic principles to consider in restructuring
  • exemptions for trust distributions
  • issues with partnerships
  • corporate reconstruction relief
  • transfer assets vs business.
Materials from this session:

GST issues impacting family planning

Author(s):  Matthew NICHOLLS,  Michael CRANWELL

The going concern provision, do I just insert it in the contract? 

  • going concern compliance, what is required to be transferred?
  • issues where property/equipment/intellectual property held in separate entities
  • non-arm’s length transactions
  • GST groups
  • interaction with stamp duty.
Materials from this session: