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The New Small Business Restructure Rollover: The opportunities presentation

Published on 17 Aug 17 by WESTERN AUSTRALIAN DIVISION, THE TAX INSTITUTE

This paper covers:

  • background to the Small Business Restructure Roll-over (Subdivision 328-G)
  • case study
  • when is roll-over available?
  • genuine restructure requirement
  • small business entity requirement
  • ultimate economic ownership requirement
  • the active asset requirement
  • the residency requirement
  • the choice requirement
  • effect of the roll-over
  • some practical uses for the roll-over.

Author profiles

Alan Krawitz CTA
Alan Krawitz, CTA is a Director of Smailes Krawitz, a boutique law firm that specialises in tax advice, tax disputes, wills and estates, trusts and commercial law on behalf of privately owned enterprises, high net worth individuals and family offices . In the 2022 edition of Doyle’s Guide for Western Australia, the firm was ranked as a First-Tier firm in the category of “Leading Tax Law Firms” and was ranked equal second in the category “Leading Wills, Estates & Succession Planning Law Firms”. Alan provides complex tax advice for private and family groups and high net worth individuals. He acts for taxpayers in disputes with the Australian Taxation Office, including matters filed in the Federal Court of Australia and the Administrative Appeals Tribunal. Alan provides estate plans of highly prominent individuals in Australian corporate life and acts for clients in relation to disputes involving trusts and estates. Alan is admitted as a lawyer of the Supreme Court of Western Australia and is entitled to practice in the High Court of Australia, the Federal Court of Australia and the Administrative Appeals Tribunal. - Current at 04 July 2023
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Daniel Taborsky CTA
Daniel Taborsky, CTA, is the managing director and founder of Birchstone Legal Group. He is a tax specialist and has been recognised as a leading tax lawyer by Doyle's Guide since 2020. He specialises in resolving tax disputes for high net worth individuals and private groups. Daniel advises on complex tax matters (with a particular interest in Division 7A), asset protection and estate/succession planning strategies and philanthropic ventures. Daniel works closely with family lawyers in complex financial matters. Daniel also advises not-for-profit entities, including charities, on structuring and tax issues. Daniel regularly presents and writes articles on tax issues for leading professional bodies. - Current at 17 January 2024
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This was presented at 50th Western Australia State Convention .

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