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Practical Solutions to Current Issues Being Faced by Private Companies

Published on 16 Jul 2015 | Took place at Tattersalls Club, Brisbane, QLD

This event explored a range of practical solutions to key issues likely to be encountered by private companies throughout their lifecycle. Starting with a debate on the desirability of private companies as a business or investment structure, the event proceeded to consider restructures and roll-overs, equity incentives for employees, appropriate governance mechanisms, leading to concluding sessions on strategies for liquidating companies and Australian Taxation Office hot topics.

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Individual sessions

Corporate governance for small companies

Author(s):  Michael Klatt

This paper covers:

  • company constitution and shareholders agreements
  • what matters are deal with in the company Constitution
  • main provisions in shareholders agreements.
Materials from this session:

Restructuring and rollovers - How to move assets/businesses into corporate structures with little or no CGT

Author(s):  Dominic Moon

This paper covers:

  • the problems with TR2010/3 and PSLA2010/4
  • structuring out of the issue - CGT rollovers
  • what is consolidation
  • who can consolidate
  • why consolidate
  • case study
  • ACA issues and anomalies.
Materials from this session:

ESS - Start-up concessions

Author(s):  Murray Shume

This paper covers:

  • small start-up concessions
  • capital gains tax consequences under the start-up concessions
  • changes to ESS deferral schemes.
Materials from this session:

Strategies for winding up companies

Author(s):  Linda Tapiolas

This paper covers:

  • CGT consequences for a company when disposing of pre-CGT and post-CGT assets
  • payments on winding up
  • small business 15- year exemption payments (Subdivision 152-B of the 1997 Act)
  • process for members’ voluntary winding up a company
  • case studies.
Materials from this session:

ATO hot topics

Author(s):  Joanne CASBURN,  Tom Rengers

This presentation covers:

  • setting the scene:
    • ATO structure
    • reinvention
    • private groups and high wealth individuals
  • hot topics - private companies:
    • dividend access shares
    • debt forgiveness
    • tax consolidations
    • Division 7A
    • small business CGT concessions.
Materials from this session: