Issues on the sale and acquisition of businesses paper

Published on 18 Oct 08

This paper focuses on a range of technical tax issues that arise in sale and purchase of business transactions. It reflects on the presenter's experience in dealing with tax issues in a wide range of corporate and SME transactions. Topics covered include:

 Share sales and acquisitions

• tax due diligence: elections, clean exits and warranties
• availability of CGT concessions
• dealing with consolidated groups

 Asset sales and acquisitions

• WIP, debtors, IP (Tax vs non tax IP), IP and goodwill - apportionment issues
• employee entitlements
• restraint of trade payments

‘‘Earn-out" transactions

• latest developments

Stamp duty issues

• trading stock
• plant and equipment
• proposed abolition on non-real property transactions.

Author profile

Paul Tanti CTA

Paul Tanti, CTA, is a partner in the Thomson Geer Tax Section and has a broad range of experience in providing specialist taxation and commercial advice to a wide variety of clients. His broad base of clients includes legal and accounting firms, private and listed companies, high net worth individuals, and private equity funds. Paul advises on all areas of Federal and State taxation law and related commercial matters. Paul is a regular speaker on tax and related commercial matters for various professional bodies. He is a member of The Tax Institute, a member of the Law Council of Australia’s Business Law Committee (South Australian Tax Sub Committee), and a member of the South Australian State Taxes Liaison Group. - Current at 05 December 2023

More by Paul TANTI

• Changes to CGT small business concessions paper - 02-May-2019
• Capital gains tax: The obscure provisions - 01-June-2011
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• Trust losses and family trust elections workshop paper - 05-March-2010
• Trust losses and family trust elections paper - 05-March-2010
• CGT Small Business Concessions - Case study and questions paper - 21-May-2009
• Practical guide to family trust elections and trust losses paper - 16-March-2007
• Tax issues relating to debts paper - 05-May-2006
• Real Property seminar paper - 25-September-2003
• Overview of Trust Loss Provisions seminar paper - 26-August-2003
• Trust Losses Case Studies seminar paper - 26-August-2003
• CGT - examining the events seminar paper - 30-January-2003
• Trust elections - 02-May-2002
• Practical Workshop On: Trust Loss Provisions, 45 Day Rule and Loss Company Ownership, Division 7A and s109UB, Structuring and Asset Protection - 07-August-2001
• Practical Workshop On: Trust Loss Provisions, 45 Day Rule and Loss Company Ownership, Division 7A and s109UB, Structuring and Asset Protection - 07-August-2001
• Practical Workshop On: Trust Loss Provisions, 45 Day Rule and Loss Company Ownership, Division 7A and s109UB - 07-August-2001
• UB statements - GST on in-specie trusts - 30-October-2000
• UB statements - GST on in-specie trusts - 30-October-2000
• Bibliography for paper by Paul Tanti - 30-October-2000

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