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Published on 01 Aug 19 by "THE TAX SPECIALIST" JOURNAL ARTICLE

With relationship breakdowns becoming more common and the structures of client’s wealth becoming more complex, it is important for advisers to be aware of the tax implications that can arise when dealing with a property settlement following a relationship breakdown. Exemptions and concessions are available for both capital gains tax and stamp duty; however, in each case, there are specific requirements that must be met in order for them to apply. Advisers need to be aware of these requirements when drafting or negotiating property settlements in order to prevent significant unintended tax consequences from arising. This article examines common tax implications arising under property settlements, the relevant exemptions and concessions that are available, and the requirements that must be met in each case.

Author profile

Briony Hutchens CTA
Briony Hutchens is a Partner at Finlaysons, acting on behalf of a wide range of clients on matters ranging from one-off, large and complex matters to those encountered on a daily basis. She advises on most areas of state and federal taxes including business structuring issues; state taxes, including stamp duty, land tax and payroll tax; taxation disputes (state and federal); trusts; self-managed superannuation funds; property and joint venture projects; estate and succession planning and all aspects of commercial transactions. Briony is a Chartered Tax Adviser and holds a Master of Taxation (UNSW). She is recognised in Best Lawyers Australia for her expertise in both Wealth Management & Succession Planning and Trusts & Estates, and was awarded Lawyer of the Year by Best Lawyers Australia for Wealth Management & Succession Planning in both 2022 and 2024. She is also recognised in Doyle’s Guide as one of SA’s leading tax lawyers. - Current at 19 November 2024
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