Advanced Strategies for Business Succession Planning
Uncover practical knowledge and actionable solutions to ensure smooth, sustainable business transitions for your clients that are tax effective and that the structure aligns with their succession needs. Explore critical topics and gain essential skills and understanding to become the trusted advisor. WEB248N11
Description
Attend and earn 7 CPD units including:
5 units in Substantive Law
2 units in Professional Skills
This program is applicable to practitioners from all States & Territories
Session 1
Strategic M&A Market Insights and Taxation Considerations for Business Succession
Chair: Christopher Bevan, Barrister, Eight Wentworth Chambers
9.00am to 10.00am Understanding Current M&A Activity and Market Updates for Being Sale Ready
- Overview of current M&A activity & the Australian deal landscape
- Being deal ready: preparing a business for sale & process overview and timeline
- Pricing a deal: valuation overview and key considerations
Presented by Steven Perri, Partner, PKF Melbourne
10.00am to 11.00am CGT Rollovers: Known Knowns and Known Unknowns
CGT rollovers appear deceptively simple, but the requirements are complex and onerous.
Examine the traps within some of the rollovers used in restructuring private groups and the interaction of those rollovers with other areas of tax law.
Presented by Neil Brydges, Principal Lawyer, Sladen Legal; Leading Tax Lawyer – Victoria, Doyle’s Guide 2023
11.00am to 11.15am Morning Break
11.15am to 12.15pm Division 7A and the Decision in Bendel
- Application of Division 7A to unpaid present entitlements
- The decision in Bendel and Commissioner of Taxation [2023] AATA 3074, how it differs from the ATO's current approach
- Views of the ATO following Bendel: published and in practice
- Practical tips for getting Division 7A right, including strategies for dealing with unpaid present entitlements
Presented by Jane Harris, Senior Associate, Brown Wright Stein Lawyers; Chartered Tax Advisor
12.15pm to 1.15pm Section 100A: Ensuring Compliance and Strategic Planning for Business Succession
- What is a reimbursement agreement?
- The ordinary dealings exception
- Current ATO guidance in TR 2022/4 and PCG 2022/4
- Implications for trustee distribution resolutions
Presented by Stuart Le Cornu, Partner, Fordham; CA, CTA
Session 2
Planning Business Succession for a Seamless Transition
Chair: Sophie Cohen, Director, Aintree Group Legal
2.00pm to 3.00pm Comprehensive Testamentary Plans for Business Succession
- Identifying business ownership structures
- What does a good succession agreement contain
- How should a personal business interest be dealt with in a will
- Planning for the unexpected: the role of powers of attorney
Presented by Michael Mobberley, Senior Associate, Estate Planning & Probate, Avant Law; Accredited Specialist, Wills & Estates
Professional Skills
3.00pm to 4.00pm Leadership Transition: Strategising Smooth Handovers for Sustainable Business Continuity
Family businesses make up 70% of our economy yet only 12% make it to the 3rd generation. The Grant Thornton Australia 2023 Family Business survey shows the 3 major issues concerning family businesses are:
- Cashflow
- Attracting & retaining staff
- Succession
Navigate the 7 challenges family businesses face in transitioning the family business to the next generation so that you are able to properly advise your family business clients. Work through a roadmap to overcome their challenges.
Presented by Kirsten Taylor-Martin, National Head - Family Business Consulting, Partner - Private Business Tax & Advisory, Grant Thornton Australia
4.00pm to 4.15pm Afternoon Break
Professional Skills
4.15pm to 5.15pm Optimising Superannuation to Align with Business Succession Objectives
Presented by Lindzee-Kate Tagliaferri, Superannuation Manager, Cooper Partners Taxation Specialists
Presenters
Christopher Bevan
Chris Bevan is a member of the Sydney Bar. Chris has been at the Bar for 33 years following a career as a solicitor in private practice for 11 years, 6 years of which he had spent as a law firm partner. A detailed curriculum vitae for Chris accompanies his paper. This brief biography is provided merely by way of an introduction of Chris as a leading expert on taxation law in Australia over the last 33 years, with particular application to company and trust structures. Chris appears in tax cases, company law and trust disputes, including disputes between shareholders, trustees and beneficiaries, with occasional appearances in the Family Court. Chris has appeared on a number of occasions during the last 30 years as leading counsel in cases involving those three principal areas of law in the High Court, the Federal Court, the Full Federal Court, and various Courts of Appeal and Supreme Courts around Australia. Chris is also a leading advisor, university and professional-body lecturer and author on tax law, company law and trust law. Chris is a member of the panel of very senior taxation lawyers registered with the Small Business and Family Enterprise Ombudsman. This panel provides legal advice at the highest level to small business taxpayers who have hit a brick wall in disputes with the ATO. The Small-Business Ombudsman provides a taxation equivalent of Medicare by making available senior tax lawyers on his whose advice is funded as to a $100 per hour gap-payment by taxpayers and as to the balance by the Ombudsman from a budget provided out of the Federal Budget. Chris is chairing sessions on trust law and taxation law aspects of testamentary disputes. There will be 15 minutes for questions.
Steven Perri
Steven Perri is a Corporate Finance Partner of PKF, based in Melbourne. He has extensive experience in a variety of service lines within the accounting profession developed across more than 20 years in the industry. With a diverse skill set, Steven has worked in the accounting, taxation and business advisory fields as well as insolvency and corporate finance. He has developed particular expertise in the corporate finance field with a specific interest in advisory and review engagements. Steven's experience in the corporate finance area includes: Mergers and acquisitions (M&A), with a focus on divestments or business sales; Succession planning - in getting businesses ready for transactional or generational succession; Transaction Support with a focus on acquisition and IPO due diligence; Assisting clients with sourcing capital and strategic investors; and Valuation services. These engagements have provided Steven with extensive experience in a number of industries having advised on transactions in the following sectors: Food & Beverage; Health including - Pathology, Radiology, Pharmacy, Aged Care, Allied Health, Disability Services and Medical Devices; Audio Visual; Transport; Childcare; Construction (Civil works and Property Development); Technology; Digital and Print Media; IT Consulting; Electrical Contracting and Engineering. Steven has developed his advisory skills to facilitate the provision of a value add approach to servicing clients. In adopting a collaborative approach with other advisers his primary focus is maximizing value to a transaction wherever possible through a commitment to offering expert and professional service. Steven also holds the following qualifications: Bachelor of Commerce (The University of Melbourne); Graduate Diploma in Investment & Finance (SIA); Member of the Institute of Chartered Accountants in Australia and New Zealand (CAANZ); Registered Tax Agent; Business Valuation Specialist - BVS (CAANZ).
Neil Brydges
Neil is a Principal Lawyer in the business law area, with a particular focus on taxation advice and disputes. Taxation law is a complex area. Neil’s aim is to provide technical expertise to clients, commercially applied and in a friendly and approachable manner. Neil’s practice involves advice, audits, disputes, and transactions. The client mix includes both family groups and business enterprises. Neil also regularly assists professional advisors, including tax agents, accountants and financial advisors, to understand complex legal issues and help them to better assist their own clients. Neil is a Chartered Tax Advisor with The Tax Institute and accredited as a specialist in taxation law with the Law Institute of Victoria. Since 2019 Neil has been named one of Australia’s “Best Lawyers” in the practice of tax law by “Best Lawyers”. Neil has also been recognised in Doyles Guide as a tax lawyer since 2021.
Jane Harris
Jane Harris CTA is a Senior Associate at Brown Wright Stein Lawyers with over 15 years of experience assisting high net wealth and SME clients with taxation matters. With a background in accounting and business services, Jane provides tax and commercial advice to accountants, small to medium enterprises and private clients. Jane is an admitted Solicitor of the Supreme Court of NSW and holds Bachelor of Commerce, Bachelor of Arts, Juris Doctor and Master of Laws degrees from the University of Sydney.
Stuart Le Cornu
Having worked in tax and accounting since 1997, Stuart Le Cornu has a wealth of experience with helping business owners to achieve their financial and business goals, including acquisitions and sales transactions. He also assists companies to meet their objectives with strategic planning initiatives, financial planning and taxation planning, with a keen focus on international tax. Being one of Fordham Group’s Tax Advisory specialists, he is of course also an expert in assisting with ATO audits and risk reviews! In fact, Stuart is so good at what he does, that he presents on taxation of trusts, Division 7A and small business Capital Gains Tax matters. Stuart's approach to tax planning commences from day one. He takes the time to thoroughly review existing structures, interrelationships between entities, location of assets, liabilities and IP, history capital gains cost bases, loan accounts, previous tax strategies and future plans. By June in every year, there are no surprises. Just a simple reassurance that everything remains on track.
Sophie Cohen
Sophie is a director of law firm Aintree Group Legal (recently merged with Loch Legal), delivering estate planning, commercial and property legal solutions ‘with heart’. Sophie has over 25 years of experience as a lawyer, business advisor and leader, giving her a broad commercial and legal perspective. She is passionate about delivering high quality, practical and effective estate planning, business succession and asset protection strategies, to empower clients to realise their dreams and goals, solve the problems that keep them awake at night, and bring them peace of mind. She believes that connecting with clients on a personal level and collaborating with clients’ professional advisers including accountants, wealth managers and other lawyers, is key to providing integrated and holistic outcomes for clients. At home, you will find Sophie spending time with her partner and 4 teenage children and keeping active through running, swimming, and bike riding.
Michael Mobberley
Michael Mobberley, is a Senior Associate in Avant Law's Estate Planning & Probate team and holds a Masters in Commercial, Corporate and Taxation Law. He is an Accredited Specialist in Wills & Estates and helps both individuals and businesses safeguard their future through the use of Wills, Powers of Attorney and shareholder/unitholder agreements.
Kirsten Taylor-Martin
Kirsten is a highly experienced family business advisor with a specialization in developing Governance Structures and Succession Plans to ensure the continued growth of family businesses across generations. Her approach is rooted in understanding the unique goals of both the family and the business, tailoring the most suitable structure and reporting mechanisms to achieve these objectives. With extensive international and Australian experience, Kirsten brings the world-best practices to her clients’ governance and succession planning solutions. Her area of expertise encompass Family Office, Family Governance, Tax Restructuring, Superannuation and Commercial advice. Kirsten is an Accredited Specialist Advisor member with Family Business Australia and holds the distinction of being a fellow with the international organization Family Firm Institute. She is a regular international speaker on various aspects of family business and has authored numerous publications. Kirsten also hosts the “Keeping it in the Family” podcast series. Her contributions have earned her media recognition, as she has been featured in outlets like AusBiz, 2GB Radio and SkyNews for her valuable insights and contribution to the family business field, including her work on family business survey.
Lindzee-Kate Tagliaferri
Lindzee-Kate is an experienced qualified adviser and an authorised representative under Cooper Partners Financial Services AFSL. She is a CPA with other 10 years experience working in various SMSF advice areas such as family separation, estate planning, and SMSF establishments. Lindzee-Kate is highly skilled in the preparation of SMSF tax returns, BAS, IAS, TBAR and financial reports. She is also experienced in the creation and implementation of various strategies such as health checking SMSFs for compliance of SIS Act and regulations and assisting clients with remedying any breaches. Superannuation is not only Lindzee’s specialty; it is also her passion.