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Individual Podcasts

Which Structures Suit Property Acquisitions?

The answer to the question as to the type of structure to hold a property acquisition in is not always straightforward, with not necessarily one right answer. This session explores the tax issues to consider for the various alternatives available and the pros and cons of each, inc

Date/Time

About the Podcast

The answer to the question as to the type of structure to hold a property acquisition in is not always straightforward, with not necessarily one right answer. This session explores the tax issues to consider for the various alternatives available and the pros and cons of each, including:

  • Spouses with differing income levels and who really owns the property (Bosanac v FC of T [2022] HCA 34)
  • Property and tax law partnerships – in receipt of income jointly
  • The pros and cons of using a company versus a trust for property acquisitions
  • The tax issues associated with property development and investment and a private unit trust structure (CGT event E4)
  • Structuring when non family members are involved
  • Tax effectively structuring the borrowings for each structure
  • How the choice of structure may impact on the entitlement to future small business CGT concessions
  • The SMSF as the owner, including:
    • addressing liquidity issues
    • dealing with business real property
  • Case study

Presented By

Philip Diviny
Principal, Madgwicks Lawyers Melbourne, Vic.

A highly regarded tax lawyer with Madgwicks Lawyers which is  a broad-based tax advisory, tax controversy and international tax practice, Philip  works across a variety of industries, including property, infrastructure, agriculture, shipping, chemicals and health.

Philip is a highly numerate lawyer also qualified as a Chartered Accountant and Chartered Tax Adviser. His expertise includes:

  • Representing clients involved in ATO audits, including on transfer pricing, CGT and GST;
  • Acting in Federal Court and Full Federal Court litigation against the ATO;
  • Advising on all tax aspects of corporate transactions, including acquisitions, sales, restructures and demergers;
  • Advising on the tax aspects of property investment and development;
  • Applying for and obtaining private rulings;
  • Acting for individual taxpayers in complex matters involving the ATO, including Project Wickenby and directors penalty notice issues; and
  • Advising on tax-related professional negligence claims both for and against accountants and tax advisers.

Through his experience as a Chartered Accountant and Chartered Tax Adviser as well as lawyer, Philip has expertise in all facets of tax and is able to communicate complex ideas simply. Philip is a current member of the Advisory Panel to the Board of Taxation and a regular speaker and presenter.

CPD Information

0.4 CPD hours

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact us, on (03) 8601 7700 or email: [email protected]

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