Profit from the development and sale of a commercial property by a private family group found to be on capital account
Family Business, Tax, Property Law Harwood Andrews Family Business, Tax, Property Law Harwood Andrews

Profit from the development and sale of a commercial property by a private family group found to be on capital account

The Administrative Appeals Tribunal (AAT) recently held in FLZY and Commissioner of Taxation that profit arising from the sale of a building by a family trust that was part of a privately held family group (Group) gave rise to a discount capital gain despite the wider property building, development and investment activities undertaken by the Group. The decision demonstrates the importance of considering a taxpayer’s purpose and intention when acquiring and developing real estate within the broader factual context of the activities undertaken by a taxpayer and any related entities.

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Small business update: Good news for small business

Small business update: Good news for small business

There have been a number of legal developments in the small business sector which should be welcomed as wins for small business operators.  This alert provides a summary of three of those developments that are particularly relevant following the Australian Competition and Consumer Commission’s release of its Small Business in Focus report for the six months to June 2015.

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Federal Budget 2015: Small Business and Startups
Family Business, Small Business Harwood Andrews Family Business, Small Business Harwood Andrews

Federal Budget 2015: Small Business and Startups

The Federal Government has announced as part of its 2015 Federal Budget, a $5.5 billion package for business which is aimed to encourage entrepreneurship, growth and the creation of jobs. Small Business, being entities that that have an annual turnover of less than $2 million, make up 90 percent of incorporated business and have been the winners in the 2015 Budget. 

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Family Court rules on 'special contributions to a relationship'
Family Business, Family Law Harwood Andrews Family Business, Family Law Harwood Andrews

Family Court rules on 'special contributions to a relationship'

In a recent appeal to the Family Court, it was determined that there is no binding rule for determining “special contributions” to a relationship. The Court decided that a wealthy couple should share their assets equally, despite the husband claiming that his special skills meant that he should have 70% of the assets.

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Family Trusts - Structuring for Family Business
Family Business Harwood Andrews Family Business Harwood Andrews

Family Trusts - Structuring for Family Business

When recommending a structure to conduct a business or hold an investment, advisors should consider a number of issues, primarily the income taxation consequences of the structure, the ability to access applicable capital gains tax reliefs upon a sale of a capital appreciating asset, the asset protection benefits of the recommended structure and how the structure works to ensure that control of the asset passes to the next generation upon death in a succession plan.  Legal and accounting advisors routinely recommend a discretionary trust structure for these purposes. However, it is important to highlight the difficulties that a discretionary trust structure poses in planning for succession and how those difficulties are best addressed.

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