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.

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Issues covered include: estate planning and succession, taxation, superannuation, Division 7A issues, testamentary trusts, blended families, foreign clients and assets, small businesses, aged care issues, executor risks

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Issues covered include: trusts, CGT concession, ATO rulings, discretionary trusts, vesting, winding up a trust

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Issues covered include: employment termination, contractors, single touch payroll, superannuation guarantee, payroll tax, FBT, expatriate tax overview, underpayment of wages, accessorial liability under the Fair Work Act

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Issues covered include: ALRC, discovery, financial proceedings, disclosure, companies, trusts, partnerships, deceased estate, alternative, restorative justice, mediation, mediator, successful family law practice, costs, billing, growth and development, domestic violence, family violence, trauma, protection orders, parenting orders, evidentiary rules, affidavits, parental alienation, ethics, ethical dilemmas

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Issues covered include: consumer data right, consumer law, ACCC, penalties, Royal Commission into the Financial Sector, employment law, mental health, whistleblowing, regulatory compliance

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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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