Transcription of Tax Restructuring Using
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Tax Restructuring Using
Tax Restructuring Using CGT Rollovers & Small Business CGT Concessions Jacci Mandersloot Director MC Tax Advisors 1. Introduction Why restructure & what rollovers are available? Common Capital Gains Tax rollovers Small Business Restructure Rollover Small Business CGT Concessions Case Studies Why may a client need to restructure? Improve tax efficiency or flexibility - distribution of income, access to 50% CGT. discount, access to R&D or innovation concessions, Division 7A management Expanding business or investment interests Want to merge or introduce new equity Risk concerns - asset protection Succession planning / Estate planning Exit plans / long-term goals Meeting industry or regulatory requirements 2. Capital gains tax and other rollovers Types of CGT rollovers: Division 122- transfer or creation of assets in wholly-owned company Division 124- replacement asset rollovers Division 125 demerger relief Division 126 same asset rollovers Division 615 business restructures Can provide deferral of capital gain tax and balancing charges on disposal or creation of assets.
Refer Taxation Ruling TR 97/18 ... Guidance in LCR 2016/3 • Undertaken mainly for commercial purposes rather than unduly tax driven. Likely structure to have adopted if had received appropriate advice on establishment. • Not genuine if to prepare for sale or for succession planning purposes.
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