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101691
Individual Podcasts

Selling a Business in a Trust when the Buyer Wants Shares in a Company

Selling a business in a trust when the buyer wants shares in a company can be like fitting a square peg in a round hole. However, there are options available that can produce the desired outcome. This session looks at how the relevant rollovers work and how they can assist in prep
PRESENTED BY Andy Milidoni Partner - Johnson Winter & Slattery , Sydney

Date/Time

About the Podcast

Selling a business in a trust when the buyer wants shares in a company can be like fitting a square peg in a round hole. However, there are options available that can produce the desired outcome. This session looks at how the relevant rollovers work and how they can assist in preparing for a sale by using a case study as the learning tool, including:

  • What options are available to transfer a business from a trust to a company when the trust is a:
    • discretionary trust
    • a unit or fixed trust
  • What are the CGT consequences of the options?
  • The tax implications where a buyer offers scrip and cash as the sale proceeds
  • What are the special cost base rules that apply to scrip for scrip rollovers when the arrangement is a restructure? (Sec. 124-784B ITAA 1997)
  • The issues of incorporating an earnout arrangement in the contract of sale, including:
    • what is the CGT treatment?
    • is an earnout right an active asset for the small business CGT concessions? (TR 2007/D10)
    • what is a “look-through” earnout right?
  • Case study

Presented By

Andy Milidoni
Partner, Johnson Winter & Slattery Sydney, NSW

Andy specialises in all aspects of taxation and revenue law, trust law and some aspects of superannuation law.  He routinely advises on trust matters including those arising from estate planning, wealth and business structuring.

Andy has acted for clients in respect of private ruling applications and their tax disputes with both the ATO and the State Revenue Offices in respect of income tax, GST, stamp duty, payroll tax and land tax matters.

CPD Information

0.6 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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