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Handing over to the next generation paper

Member Price: $57.00
Non Member Price: $75.00

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Published on 24 Nov 22 by NATIONAL DIVISION, THE TAX INSTITUTE

Succession planning and dealing with intergenerational businesses can often be one of the most complex area for practitioners in the Private Groups space. The commercial and family dynamics regularly drive the outcomes, with tax considerations being secondary to the main objectives. This paper covers off some of the common tax and commercial considerations in transitioning businesses between generations and family members, including:

  • Remuneration of family members active in business operations
  • Dealing with pre and post CGT shares or trust interests [including K6 Events]
  • CGT Rollovers
  • Share buy-backs and dividend stripping
  • Establishing Family and Corporate Boards and;
  • Protecting remaining shareholders or beneficiaries.

Author profiles

Jonathan Ortner FTI
Jonathan Ortner, FTI, is a partner in Arnold Bloch Leibler’s taxation group and practices in all areas of direct and indirect tax with a particular focus on the taxation of trusts and corporate income tax and mergers and acquisitions. Using his technical tax knowledge, Jonathan works with clients to obtain commercial and practical outcomes. He has particular experience in dealing with the Australian Taxation Office on complex tax issues in a dispute resolution and transactional context. Jonathan is a keen and active member of the tax community. As well as presenting on tax topics at various sessions and authoring a number of published articles, papers and bulletins, Jonathan is the Chair of the Tax Institute’s SME committee, a former member of the GST committee and the co-chair of the ATO’s Private Group Stewardship Group. - Current at 07 July 2025
Click here to expand/collapse more articles by Jonathan Ortner.
Christine Fleer
Christine Fleer is a partner of Arnold Bloch Leibler with the firm’s corporate & M&A and private clients practices. She has a diverse practice, providing legal and strategic advice to some of Australia’s wealthiest individuals, entrepreneurs, and family groups, as well as to global hedge funds, ASX-listed companies and insolvency administrators. Christine is recognised as a leading Corporate and M&A lawyer in Legal 500 Asia Pacific. She has been a finalist in the Lawyers Weekly Australian Law Awards for “Commercial Partner of the Year” and is also recommended in Doyle’s Guide for commercial law and wills, estates and succession planning. - Current at 04 July 2023

 

This was presented at Private Business Tax Retreat .

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Individual sessions

Expanding onshore Advantages and disadvantages of acquisitions with consolidation

Author(s):  Elizabeth Allen,  Hayden BENTLEY

Materials from this session:

Handing over to the next generation

Author(s):  Jonathan Ortner,  Christine Fleer

Materials from this session:

Non-arm’s length income – the important changes, must know issues and key strategies

Author(s):  Daniel BUTLER,  Shaun Backhaus,  Bryce FIGOT

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Keeping it in the family

Author(s):  David Marks

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Super Guarantee

Author(s):  Anushka De Alwis

Materials from this session:

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