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Expanding Private Business Series Day 5: Don't let a little issue ruin the expansion

Published on 13 Nov 2013 | Took place at Tattersall's Club, Brisbane, QLD

    Positivity and passion are fundamental to an expanding business, but they are not always enough to overcome hurdles which could have been avoided with better planning. Day 5 of teh Exanding Private Busines Series identified tricks and traps tohelp you deal with common issues that arise for SME clients who are committed to expansion, and who want their advisors to help them make informed decisions and to assist them with any problems that may arise along the way.
    Topics covered include:
  • structuring for family law matters
  • can't we just raise $2M from 20 people…
  • governance agreements
  • when it all comes home to roost
  • director penalties - with employees come responsibilities
  • dealing with revenue authorities and resolving conflicts

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Individual sessions

Structuring for family law matters

Author(s):  Justine WOODS,  Linda Tapiolas

At some point, you will need to advise (or explain advice they receive) your clients as to what their potential exposure is when a stakeholder is dealing with a family law dispute. This paper covers:

  • is there any way to effectively structure for these disputes?
  • what are the powers of a Family Court in relation to structures
  • there isn't as much flexibility in stamp duty or ITAA relief as you may think.
Materials from this session:

Governance agreements

Author(s):  Dominic Moon

Whilst everyone appreciates, broadly, the benefits of pre-nuptial or binding financial agreements, Governance Agreements (e.g. shareholder agreements) in relation to businesses often fall by the wayside. There are some fundamental elements that ought to be incorporated into a Governance Agreement regardless of the entities involved. This paper covers:

  • the essential elements to be incorporated
  • how to deal with the 'uninsurable elements'
  • tax issues relating to these agreements
  • some practical examples of the different examples, you're likely to encounter.
Materials from this session:

When it all comes home to roost

Author(s):  Adele Townsend

Although it does not happen often, you can encounter situations where your long standing client will simultaneously have to deal with the ATO, OSR, ASIC, Insolvency Practitioners, Family and Commercial Lawyers. It may feel like herding cats, but your client will have the expectation that you can guide them through the quagmire and help them prioritise. This presentation covers:

  • how do you set priorities
  • managing the ATO, OSR and ASIC
  • dealing with conflicts of interest
  • when do you need help from specialists.
Materials from this session:

Dealing with revenue authorities and resolving conflicts

Author(s):  Damian O'CONNOR

The complexity of our Tax Laws means that every step in business expansion, from choosing a structure, managing the workforce, expanding offshore or planning for retirement, has to be carefully considered to minimise the risk of unpleasant surprises and unhappy clients. This paper considers how to limit the damage when things go off the rails, and includes:

  • managing audits and negotiating with revenue authorities
  • objections and appeals
  • penalties
  • prosecutions
  • debt management, including director liabilities.
Materials from this session: