Miscellaneous 2023

Restructures, demergers and buy-backs

Source: The Tax Specialist Journal Article

Published Date: 1 Feb 2023

 

There is no such thing as a "one size fits all" when it comes to structuring. What is an ideal structure will vary from client to client based on the specific facts of the asset or the business, and the objectives of the owners. Over time, an existing structure may no longer be the most appropriate for the client's situation, and accordingly a change to the structure may be necessary. While you may have the desired structure in mind, managing the full suite of commercial, legal and tax outcomes in the short, medium and longer term is crucial to effectively implementing a restructure. Focusing too heavily on short-term tax aspects, such as the ability to access a CGT roll-over or the CGT general discount, risks missing the bigger picture commercial issues or potentially more significant tax issues in the medium to longer term.

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