+44 207 405 6114 / +44 77187 97917 ben.symons@fieldcourt.co.uk

ARTICLE / PRESENTATIONS

Employment Termination Payments

This presentation covers the most topical issues in relation to Employment Termination Payments, including:

  • What is an employment termination payment;
  • What is not an employment termination payment;
  • Is there a relationship of employment? Employee v Contractor;
  • ETP cap amount and the “whole of income” cap;
  • ATO PAYG employment termination payment withholding schedule;
  • Genuine redundancy payments;
  • How to draft an employment termination settlement deed from a tax perspective;
  • Deferral of tax on an ETP through staggering payments over different income years;
  • Taxation of annual leave;
  • Taxation of long service leave.

Category : Business Law

Tax issues in relation to the sale of a business

This presentation covers all aspects of tax planning in relation to the sale of a business / professional practice, including:

  • tax issues in relation to buy – sell agreements;
  • tax implications of funding buy – sell agreements through life insurance policies;
  • tax implications of a share sale versus an asset sale;
  • arm’s length allocation of purchase price to assets in an asset sale scenario;
  • stamp duty and the sale of a business – traps for the unwary;
  • goods and services tax (“GST”) issues in relation to the sale of a business / professional practice;
  • use of warranties when selling a business;
  • adjustments to purchase price of the business for tax issues;
  • making use of the small business capital gains tax (“CGT”) concessions;
  • tax implications in relation to earn-out arrangements and the new earn-out arrangements legislation

Category : Business Law

Estate planning, superannuation and taxation

This presentation covers all aspects of tax planning in relation to estate planning and deceased estates, including:

  • the advantages / disadvantages of different investment vehicles;
  • tax effective use of the principal place of residence exemption (both CGT and land tax);
  • making of binding death benefit nominations;
  • tax effective transfer of superannuation upon death.

Category : Deceased estates

Family Law and Taxation

This presentation deals with Family Law and Tax.  It covers the following topics:

  • Capital gains tax roll-over relief in relation to divorce;
  • Stamp duty exemption in relation to divorce;
  • Tax planning and divorce;
  • Tax effectively dealing with the matrimonial home;
  • Tax effectively splitting superannuation;
  • Superannuation splitting agreements;
  • Superannuation agreements (i.e. similar to Binding Financial Arrangements);
  • Tax effective division in a partnership, company or trust;
  • Child maintenance trusts.

Category : Taxation

Foreign Resident Capital Gains Tax Withholding Regime

This presentation covers tax issues relating to the purchase of property by foreign investors including:

  • The foreign resident capital gains tax withholding regime;
  • When a purchaser of Australian property has a capital gains tax withholding obligation;
  • How a purchaser may obtain an exemption from the capital gains tax withholding regime (clearance certificates and vendor declarations);
  • Practical considerations in relation to purchase contracts / clauses that should be included in a purchase contract;
  • State stamp duty surcharges on foreign investors; and
  • State land tax surcharges on foreign investors

Category : Taxation

SMSF’s and Taxation

This presentation addresses:

  • Asset protection and SMSF’s;
  • Amendments to trust deeds and resettlements;
  • Taxation of concessional contributions and excess concessional contributions;
  • Taxation of non-concessional contributions and excess non-concessional contributions;
  • Division 293 tax;
  • Spousal contributions;
  • Taxation of super death benefits;
  • Recent changes to Australian superannuation law (as of July 2017).

Category : Taxation

Trusts and Taxation

This presentation covers topical tax issues in relation to the taxation of trusts, including:

  • features of discretionary family trusts;
  • Features of unit trusts;
  • Tax advantages of testamentary trusts;
  • Tax advantages of child maintenance trusts;
  • Tax advantages of superannuation proceeds trusts;
  • When to make the family trust election;
  • Streaming of capital gains and franked dividends – how to draft the trust resolution;
  • Tax implication of in-specie distributions of assets;
  • Tax implications of distributing the trust capital / corpus;
  • Interim distributions from asset revaluation reserves to allow beneficiaries to exit;
  • Amendment of a trust deed, how to avoid a resettlement?
  • Trust loss rules, including the pattern of distributions test;
  • When to seek judicial advice;
  • Dealing with conflicts between different beneficiaries wanting superannuation death benefit payments;
  • Dealing with lost trust deeds

Category : Trusts