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Small business restructure roll-over: Planning issues
Published on 01 Mar 19 by "TAXATION IN AUSTRALIA" JOURNAL ARTICLE
Rather than considering the substantive law in this area, this article reflects on the emerging practices and the significant planning issues that arise when using the small business restructure roll-over in relation to business and property restructures. The article also considers the issues that typically arise in these kinds of restructures, such as the need to consider other possible tax relief. Some clients may qualify for both the small business CGT concessions and the small business restructure roll-over on a given set of facts. Which is preferable? The case studies bring these issues to life and also highlight some of the stamp duty issues that invariably arise when restructuring in this area. The article draws on the authors’ recent experience in advising on, and assisting clients to implement, restructures under the small business restructure roll-over. The key message is to embrace the concession for all of the opportunities it presents, but do so with a high degree of care.
Author profiles
Peter Slegers CTA
Peter Slegers, CTA, heads Cowell Clarke’s Tax & Revenue, Superannuation and Private Client practice groups. Peter advises and acts for a wide range of public and private companies and high net worth individuals and families. Peter’s areas of expertise include income tax (as it impacts on business and high net worth clients), capital gains tax, goods and services tax, state taxes, trust law and superannuation law. Peter has published numerous papers on trust structures and has considerable experience in this area. Peter is also a co-author of the Tax Institute’s SMSF Income Stream Guide and Cowell Clarke’s Australian Agribusiness Advisers’ Guide.
- Current at
16 April 2024
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