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Practically using the small business restructure rollover paper
Published on 13 Oct 16 by NEW SOUTH WALES DIVISION, THE TAX INSTITUTE
This paper covers:
- what conditions must be satisfied to claim the SBR rollover?
- what are the consequences of the SBR rollover applying?
- genuine restructure of an ongoing business
- ultimate economic ownership
- consideration for the transfer
- other issues to consider.
Author profiles
Mark West CTA
Mark West, CTA is a qualified as a lawyer, chartered accountant and chartered tax adviser, Mark provides advice across the spectrum of taxes. Mark assists with all legal matters involving taxation law. He advises on appropriate business or investment structures/restructures and on making applications for rulings from the ATO. He assists with tax audits and with related settlement negotiations with the ATO and State revenue authorities. He has acted for clients in tax cases before the Administrative Appeals Tribunal and the Full Federal Court. Mark been listed as a leading tax lawyer in Queensland by Doyles Guide and The Best Lawyers™ in Australia.
- Current at
18 January 2024
Dung Lam CTA
Dung Lam, CTA, is a Principal at West Garbutt and is based in Sydney. Dung has more than two decades of experience in advising on a wide variety of taxes including income tax, capital gains tax, GST and state taxes such as duty, payroll tax and land tax. Dung also has extensive experience advising on taxation trusts, superannuation issues in the self-managed superannuation funds arena and tax issues related to estate planning. Dung is a Chartered Tax Adviser, full member of the Society of Trusts and Estate Practitioners, an accredited Specialist in Business and Personal Tax with the NSW Law Society, a member of the Business Law Section Taxation Committee of the Law Council of Australia and a member of the NSW Law Society Liaison Committee with the Revenue NSW. Dung advises a broad range of clients ranging from corporates, small to medium enterprises, high net worth individuals, professional firms, accountants, financial planners and their clients. - Current at 17 January 2023Alexander Whitney CTA
Alex Whitney, CTA is a qualified lawyer and chartered tax advisor and advises in respect of income tax, GST, stamp duty and other state taxes. Alex acts for a broad range of clients, including family businesses, high wealth private groups, national non-profit organisations, deceased estates and corporate groups. He has acted on large transactions which required significant tax involvement, provided tax advice on complex structures and transactions, and has represented clients in complex audits, objections, Administrative Tribunal matters and appeals to the Federal Court. The Doyle’s Guide 2022 included Alex on its list of Tax Law Rising Stars – Australia, a national list of non-partner tax lawyers who have been identified for their work and expertise in tax. - Current at 10 April 2025
This was presented at 2016 SME Tax Symposium .
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Individual sessions
Practically using the small business restructure rollover
Author(s): Mark WEST, Dung Lam, Alex WhitneyMaterials from this session:
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Accessing value from companies commercial and tax effective strategies
Author(s): Peter SLEGERSMaterials from this session:
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