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

Map of The Grace Hotel

Plaza Parking is located beneath the hotel with its entrance on Clarence Street. There are limited car spaces and they are available on a first-in basis. Plaza Parking attendants can provide directions to alternative parking facilities nearby. Day rate  (Single Entry) for conference guests only and to be paid at Plaza Parking: $45.00 per car, per day. (Conference guest tickets must be validated at conference concierge on level 2). Other nearby parking is located on Kent Street and York Street.
 
Wynyard Station - Take the York Street exit. Head south on York St toward Erskine St. Turn right and continue onto York Street for 300 metres. At that point you will arrive at The Grace Sydney.

 

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Issues covered include: Consumer law, ACCC, consumer data right, ICT, IT contracts, privacy, employment, mental health, workplace investigation, unconscious bias

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Issues covered include: Consumer data right, big data, privacy, mandatory data breach reporting, GDPR, Banking Royal Commission, ACCC, consumer law, ACL, corporate social responsibility, modern slavery, ethics, mental health, practice management, workplace investigation

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Issues covered include: admissibility, advanced rulings, expert evidence, contracts, deeds, Royal Commissions, compulsory examinations, privilege, waiver, advocacy, interlocutory & urgent applications

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Issues covered include: Retail shop lease dispute, tenant, landlord, Retail Leases Act, QCAT, retail tenancy disputes, retail leasing, mediation, leasing disputes, combustible cladding, asbestos, tax, fitouts, depreciation, lease incentives, GST, commercial tenancies, market overview.

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In its 6th year, the Geelong 10 points in One day program offers insights from the industry front line practitioners. You don't have to travel to the CBD to gain updates of current topics and gain your compulsory CPD units. Attend the full program or choose the sessions most relevant to your practice.

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Issues covered include: Win and Retain more Clients, Stress Management, Privileged Evidence and Avoiding Inadvertent Waiver, Contract Disputes and Settlement of Litigation, Exclusion, Indemnity and Insurance Clauses, Insolvency Law Reform, Post-employment restraints, Property, Retail and Commercial Leasing.

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The vast majority of businesses in Australia are small businesses, so you better be prepared to provide up to date and expert advice when a small business client comes to you for help. That means being across the game changing developments stemming from the budget, the election and the Banking Royal Commission. Eleven experts working on small business advisory will give you the latest updates and cutting edge strategies on all of the key issues your small business clients will expect you to know.

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Issues covered include: immigration for business and investors, foreign investment, non-residents doing business, non-residents doing family business, owning a property, anti-money laundering, tax considerations and non-residents, estate planning, administration and sucession for migrations and foreign investors

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Issues covered include: exceeding expectations, plain English techniques, business acumen, resilience and wellbeing

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Issues covered include: Narcotic Drugs Act 1967, Medico Legal aspects, in-house counsel perspective, Courts, prescribing in the clinical setting

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Issues covered include: workplace discrimination, religious organisations, estate planning, crime, parenting, child support, parental rights

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Issues covered include: Technology, Blockchain, WayBack Evidence and Domain names, Directors liability, Quality and financial control, Ethics, manner of manufacture, Infringement, latests cases and developments.

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Issues covered include: Family court proceedings, Subpoena, Separation, Divorce, Family violence, Litigation, Evidence, New Redress Scheme, Child Safety Obligations, Royal Commission, Civil Claims for Institutional Abuse, Criminal Liability and Sexual Abuse, Child Safe Standards.

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Issues covered include: Financial Adviser Standards and Ethics Authority (FASEA) Update, TBAR, Royal Commission, Pension options, SMSF Deed, Superannuation contributions, non-concessional contributions, Transfer Balance Account, Super Death Benefits, Binding death benefit nominations, blended families, incapacity.

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Issues covered include: Enterprise value, Tax strategies, Pre-Sale Restructuring, Selling Business with Property, CGT exemptions, Concessions, Property structure, Business valuation methodologies, Preparing a Business for Sale, Equity transfer to family, Third party sale, tangible and intangible assets, Intellectual Property, Privacy and Data Protection, M & A Merger and Acquisition.

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2019 is a significant year for the retirement village and aged care sectors. The Royal Commission is shaking up the industry, elder abuse and tax law are changing, and there are big shifts in integration and funding issues. Plus the many risks in estate planning, capacity, technology and more. With so much unrest in the sector it’s now more crucial than ever to stay up to date with the latest developments. Equip yourself with the strategies necessary to handle these issues for you client or organisation.

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Issues covered include: Tenancy, tenants, franchise lesing, office sharing, subleases, Dispustes, Variation, Surrender provisions and Termination of Leases, remedies, defaults and damages, co-tenancy, covenants, breaches, insolvency, financial issues and risk, Outgoings, Guarantees, Insurance, Indemnities, Case and Legislative Update.

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Issues covered include: Supreme Court of New South Wales, Service of Notices in Probate, Affidavit of Service, Grants of Probate and Administration, Letters of administration on intestacy, Special and limited grants, Taxation, executor and trustees, stamp duty, foregin estate, income tax, Probate case update decisions.

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Issues covered include: Sexual Harassment, Bullying and Work Safety Claims by Independent Contractors, Fair Work Act and Work Health and Safety Act, Uber and the Point to Point Transport Industry, Sham contracting, who is a contractor, who is an employee.

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Issues covered include: Finance and Property proceedings, Dispute Resolution, Pre-nuptial and nuptial agreements, Family Law Settlements, Transfer of tax debt, Bankruptcy, Spouse Maintenance orders variation, post-separation contributions, Accrued Jurisdiction of the Family Court, Contravention applications, Arbitration.

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Issues covered include: National Redress Scheme, Vicarious Liability in Civil Liability Amendment (Organisational Child Abuse Liability) Act, Expert evidence, Royal Commission into Institutional Responses to Child Sexual Abuse, Medico-Legal.

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Issues covered include: Admissibility of expert evidence, High Court and Court of Criminal Appeal, Evidence Act, Admitted facts, Uncontested facts, Disclosure and Privilege, Tendency and Coincidence Evidence.

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Issues covered include: Statutory unconscionable conduct, Indemnities, Contract drafting, Incorporation of Contractual Terms, case law, Jeffrey Goldberger, Special Counsel, Norton Rose Fulbright.

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Issues covered include: Proposed Acquisition Notice, Powers of resumption, Assessments, Instructing Experts and Maximising Expert Evidence, Land valuation assessment and methods, partial acquistion, business valuation and compensation.

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Issues covered include: Phoenix business activities, tax case update, historical loans, unpaid present entitlements, small business restructuring, practical tax solutions for small business

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Issues covered include: wealth accumulation, property tax, insurance payment, cryptocurrency, client's marriage, separations, family and accounting, succession and estate plannning

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Issues covered include: intent, purpose, context and structure, practical problem solving, judicial review, repeal of statute

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Analyse decision making and reason writing and then work through an in depth, interactive workshop where the presenters will examine, dissect and reconstruct a decision in this unique, can’t-miss workshop.

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Issues covered include: 'Ultimate Consumer' test, heads of agreement, guarantees, assignment, special tenancy arragement, lease documents interpretation, breaches of lease, termination

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Facing family law issues in your school? We have a step by step guide to guide you. Dealing with child safety risks? We’re offering real world guidance from the legal, law enforcement and principal perspectives. Want all your questions answered? Our interactive panels are tailor made for you. And that’s just the start of what you’ll gain from this unique, can’t miss event.

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Issues covered include: capacity, unconscionable conduct, sexual issues, privacy, data security, convergence and seniors living

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Issues covered include: three way examination, inspections, defaults and penalties, case law

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Issues covered include: Trademarks, patents, parallel imports, protection of IP in China, policy register for IP Australia, patent remedies, patent drafting,

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Issues covered include: terrorism offences in Australia, prosecuting home grown terror plots, trends in terrorism, human exploitation

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Keep yourself updated on the psychology and the legal trends in psychological and psychiatric injury claims, including bystander PTSD claims. With claims on the rise, understanding both the medicine and the law is essential for all practitioners working in this area. Straddling the medical and legal worlds, this seminar offers a better understanding of how medical professions form their assessments and evaluate claims, and you will gain an update on the Work Accident and TAC claims.

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Issues covered include: third parties in family law disputes, problem solving, property settlements, family violence amendments, alternate dispute resolution

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Issues covered include: serving of notices in different types of probate proceedings, digital assets and the afterlife, probate litigation

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Issues covered include: Parents, legal disasters, Privacy law, mental and physical health of staff, misconduct, disability and discrimination obligations, race, sex and gender identity, children with physical and learning disabilities

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