About the Podcast
It’s not news that relationship breakdowns can be messy. However, throw a business entity or two into the mix and it is not just the relationship that may have unravelled. This session explores the issues and some tips along the way, including:
- How does CGT apply for assets:
- divided under a private or informal arrangement?
- using the CGT relationship breakdown rollover?
- How does the CGT rollover work if the asset is transferred:
- from a company?
- from a unit or fixed trust?
- from a discretionary trust?
- to an entity nominated by a spouse (Ellison v Sandini Pty Ltd  FCAFC 44)
- What if the asset transferred is not subject to CGT (i.e., depreciating assets)?
- Do the tax implications differ if a private company transfers money or property under a court order to:
- a shareholder spouse (TR 2014/5), or
- a non-shareholder spouse?
- How do the franking credit rules apply to amounts paid from a company as a result of a marriage or relationship breakdown?
- Are cost base adjustments required for shares when property is transferred from a company under a family law obligation?
- The impact of marriage or relationship breakdowns on family trust elections
- Case study
Paul HockridgeMutual Trust Pty Ltd
0.4 CPD units