To move from your existing structure to the better structure you need to consider the income tax rollover provisions available and the stamp duty implications that are applicable.

The most common income taxation rollovers that provide for capital gains tax deferral, that need to be considered are:

  1. 615 - Rollovers for Business Structures;
  2. 328-G - Restructuring for small businesses where your turnover is less than $10 million;
  3. Subdivision 124-M - Script-for-script rollover
  4. 124 - Replacement Asset Rollovers - Other rollovers in addition to the script-for-script rollover.
  5. 122 - Rollover for the disposal of assets to, or the creation of assets of a wholly-owned company.

We now attach a discussion of these provisions:

Restructuring Presentation (2)

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.