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108084
Individual Podcasts

Maximising Tax Benefits: Converting Your Trust to a Company

There are numerous reasons why consideration may be given to changing a trust structure housing a business, over to a company. Whilst considering the change, thought will need to be directed towards the tax implications of doing so. This session explores the options available to u
PRESENTED BY Edward Hennebry Senior Associate - Sladen Legal , Melbourne

Date/Time

About the Podcast

There are numerous reasons why consideration may be given to changing a trust structure housing a business, over to a company. Whilst considering the change, thought will need to be directed towards the tax implications of doing so. This session explores the options available to undertake the process in the most tax advantageous manner, including:

  • Reasons a company structure may be preferred over continuing the existing trust structure
  • The various CGT rollover options available (incl. Subdivisions 122A, 124N & 328G ITAA 1997)
  • How the various CGT rollovers apply to a business conducted in a discretionary trust
  • What are the tax implications if the CGT rollover involves trading stock and depreciable assets?
  • The type of situations that suit the various CGT rollover choices
  • Situations where the CGT small business concessions could be considered to achieve a more favourable tax outcome
  • Could interposing a company between a unit trust and unitholders, changing the unitholders into shareholders, achieve a desired result? (Subdivision 615 ITAA 1997)
  • Case study

Presented By

Edward Hennebry
Senior Associate, Sladen Legal Melbourne, Vic

 

Edward works in the Business Law team at Sladen Legal, advising private clients, high-net-worth individuals, and family groups on their Australian federal tax affairs, as well as managing disputes with revenue authorities.

Edward commenced his career as a graduate in the ATO and then as a lawyer within the ATO’s Tax Counsel Network and Review and Dispute Resolution business lines. Edward has also worked in a number of large accounting and national law firms.

In 2024, Edward was recognised by The Tax Institute as a “Tax Trailblazer” in Victoria. Edward has been listed in the “Ones to Watch” categories for Tax Law and Commercial Law in the 2025 and 2026 editions of The Best Lawyers® in Australia.

 

CPD Information

28 minutes 

0.4 CPD hours/units/points

WA Lawyers – TEN is unable to verify that you have earned CPD for this product as we cannot verify that you have listened to the podcast which is a requirement of the LPBWA.  TEN is an accredited provider.

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