3rd Annual Small Business Structuring and Restructuring Conference
Get on top of all the cutting edge strategies you will need when your client’s small business needs to be structured or restructured. Obtain a practical guide to small business CGT concessions, early warning signs of liquidation or administration, and the latest taxation and asset protection strategies. Explore how to structure for succession. Plan for family complications, relationship breakdown, death or other crisis while ensuring the business survives. This jam-packed day is not to be missed.
Description
Attend and earn 6 CPD hours
FASEA CPD Categories
Estimated 6 CPD hours in Technical Competence
Session 1
Cutting Edge Structuring and Restructuring Strategies
Chair: Leanne Hegarty, Partner, KPMG
9.00am to 9.45am: The Restructuring Master Plan: Taxation and Asset Protection Strategies
- What are the client’s objectives?
- Asset protection from creditors, the ATO and family law litigants
- Restructuring as part of estate planning, including tax considerations
- Building finance and investment flexibility
- Taxation strategies for maximum benefit:
- Transfer of business assets using general rollovers and the income tax, stamp duty and GST implications using practical examples
- Tax consequences of the Small Business Restructure Rollover
- Protecting your client’s assets in the event of restructure
Presented by James Meli, Director, Mosaic Tax Legal
9.45am to 10.30am: Early Warning Signs of a Potential Liquidation or Administration
- What to be looking out for?
- How COVID has changed the warning signs and potential solutions
- Implications for liquidation/ administration for directors and their advisers
Presented by Andrew Sallway, Partner, Business Restructuring, BDO
10.30am to 10.45am Morning Tea
10.45am to 11.30am: Using the Small Business CGT Concessions: Share or Asset Sale?
Through a series of practical examples, examine:
- Whether a share sale or asset sale will give the business owners the best after-tax outcome in a range of different scenarios
- The main issues impacting the tax payable from the sale, and steps that can be taken to minimise this
Presented by Peter Bembrick, Partner – Taxation Services, HLB Mann Judd
11.30am to 12.15pm: Business Restructuring Considerations During COVID
Presented by Nima Karimian, Senior Manager, Tax & Advisory, Deloitte Private
12.15pm to 1.00pm: Networking Lunch
Session 2
Structuring for Succession
Chair: Robert Powell, Partner – Private Advisory, Grant Thornton
1.00pm to 2.00pm: Dealing with Structures from an Estate Planning Perspective
- Recognising that not all business structures can be dealt with under a will, nor should they be
- Dealing with structures from an estate planning perspective
- Comprehensive discussions around business structure and considerations for the eventual succession plan
Presented by Stephen Lynch, Director, Somerville Legal; Accredited Specialist in Wills & Estates; Recommended Wills, Estates Litigation Lawyer, Doyle’s Guide 2020
2.00pm to 3.00pm: Succession Planning In a Crisis
Only 30% of family businesses successfully transition to the 2nd generation and only 12% successfully transition to the 3rd generation. Ensure that succession planning in a crisis doesn’t mean succession planning gone wrong for your client.
- The 7 hurdles of succession planning
- Beware when passing the baton in a crisis
- Understand how to untangle family and business issues
- How facilitated conversations can improve chances of beating the statistics
Presented by Kirsten Taylor-Martin, Partner, Grant Thornton; Accredited Family Business Advisor
3.00pm to 3.15pm: Afternoon Tea
3.15pm to 4.15pm: Relationship Breakdowns and the Implications for a Small Business Structure
- The approach the family law courts to the splitting of assets and treatment of income
- Valuation of assets: personal, companies and trusts
- What happens to family trusts on divorce?
- What liabilities are taken into account: stamp duty, CGT and Division 7A loans
- The treatment of loans as liabilities
- What protection can be afforded to the small business structure via the use of Financial Agreements
- Dealing with family dynamics
Presented by Sheridan Emerson, Pearson Emerson Meyer Family Lawyers; Accredited Family Law Specialist; Preeminent Family & Divorce Lawyer, Doyle’s Guide 2020 and Paul Doolan, Partner, Barkus Doolan; Chair, Family Law Section, Law Council of Australia
4.15pm Conference Close
Learning Objectives:
- Solidify your understanding of the reasons and benefits for restructuring, and the multitude of strategies that should be used for different restructuring objectives
- Learn how to get the maximum benefit from CGT Small Business Concessions
- Identify the warning signs of a struggling business
- Hear how to set up a business for the long-term that will live on through generations Understand why a crisis can cause rushed business succession planning, and how to avoid making mistakes
- Consider what information you need to advise your client on their business structure to protect them in the event of relationship or family breakdown
Presenters
Leanne Hegarty, Partner, KPMG
Leanne Hegarty is a Partner within KPMG Enterprise, working with family businesses, fast-growing companies and high net worth individuals. Leanne's financial accounting career has spanned more than 20 years. She has extensive experience with clients in retail, franchising, professional services, hospitality and professional specialists. Leanne is a trusted business adviser providing taxation, compliance, outsourced CFO and financial management advice.
James Meli, Director, Mosaic Tax Legal
James is the Principal at Mosaic Tax Legal focusing on Federal and State tax matters. James works with accounting firms and other law firms in delivering bespoke tax advice to clients in various industries with a particular emphasis on property development and start-ups.
Andrew Sallway, Partner, Business Restructuring, BDO
Andrew Sallway is a Partner in the Business Restructuring Division of BDO Sydney with more than 20 years’ experience in delivering advisory services. Andrew assists financial institutions when one of their borrowers is experiencing financial difficulties. Andrew assists regulatory authorities, shareholders and company directors when businesses are financially stressed or distressed. In these situations, Andrew works with all stakeholders to identify the financial and operational issues impacting the business and to prepare a plan to restructure the company and turnaround its financial performance. In the most extreme circumstances, Andrew acts as the appointed insolvency practitioner to the distressed company.
Peter Bembrick, Partner, HLB Mann Judd
Peter Bembrick has been providing tax assistance to businesses and individuals since he joined HLB Mann Judd more than 30 years ago, becoming a partner in 2004. Peter is particularly well regarded for his broad practical understanding of domestic and international tax issues, including specific expertise in tax issues for closely held businesses, subsidiaries of multinational groups and other inbound investment structures, business structuring issues, tax effective business sales and restructures and applying the small business CGT concessions; and personal tax issues, including advising high net wealth individuals and expatriates (or their employers).
Nima Karimian, Deloitte
Nima is a senior manager in Deloitte’s Private Tax practice with over 7 years of experience providing Australian taxation services to large multinational groups and corporates, private companies and high net wealth individuals and their families.
During this time Nima has had a particular focus on assisting clients with transactions (including IPOs, restructures and major acquisitions) but also in navigating tax controversy matters such as ATO audits. Nima’s clients operate in a broad range of areas such as consumer and industrial products, construction and property development, real estate, private equity as well as professional services.
Robert Powell, Grant Thornton
Robert Powell is a senior partner in the Private Advisory team at Grant Thornton Australia and has over 30 years' experience in advising privately owned Australian businesses and their owners on a range of taxation and commercial matters. Robert was a foundation member of the Australian Taxation Office's Tax Practitioner Forum SME Working Group from 2005 until 2012, and was also a founding member of the Federal Government's Small Business Advisory Committee from 2007 to 2010. He has also acted as an adviser to the Board of Taxation.
Stephen Lynch, Director, Somerville Legal
Stephen Lynch is a director of Somerville Legal, practicing in both Sydney and the Newcastle/Hunter region. Stephen has specialised in the area of wills, probate, estate planning and succession for almost 20 years. His extensive experience includes the preparation of complex wills, including asset-protection measures such as testamentary trusts, and ensuring the proper consideration of superannuation in estate planning.
Kirsten Taylor-Martin, Partner, Grant Thornton; Accredited Family Business Advisor
Kirsten is an accredited advisor with Family Business Australia and Family Firm Institute.
With a passion and deep understanding of her industry, Kirsten has developed a specialist knowledge in the area of Family Business advisory in Australia.
Kirsten has extensive experience helping families develop tailored governance structures to suit their family needs. She has been involved in developing a Grant Thornton approach to succession planning in family business which has successfully set businesses up for the future generations.
Sheridan Emerson, Pearson Emerson Meyer Family Lawyers
Sheridan Emerson is a Partner at Pearson Emerson Meyer Family Lawyers and is an Accredited Family Law Specialist. Sheridan was recognised as a Preeminent Family & Divorce Lawyer and Leading Family Lawyer (High- Value & Complex Property Matters) in Doyle's Guide 2019. Sheridan is also a Fellow of the International Academy of Family Lawyers (IAFL). Sheridan practices exclusively in family law.
Paul Doolan, Partner, Barkus Doolan
Paul has been a Partner of Barkus Doolan Family Lawyers for over 20 years and is the Chair of the Family Law Section Executive of the Law Council of Australia. “Doyle’s Guide to the Australian Legal Market” has ranked Paul Doolan Market Leader of all family lawyers practicing in Sydney from 2015 to 2020, and as Pre-Eminent or Market Leader nationally in each of those years. Paul was selected in 2020 as Lawyer of the Year for Family Law in Sydney by “Best Lawyers in Australia“. His practice is focused on financial cases involving substantial asset pools, including matters with complex company, trust, partnership and valuation issues.
Venue
The Grace Hotel
77 York St
Sydney 2000
NSW
Australia