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
