Restructuring to Maximise Asset Protection - recorded half-day online conference

You can put your staff in the boardroom and watch it there. You can watch it on your computer or on your portable electronic device. All for the same low price.

The conference will be based on our highly successful video webinar technology: there’ll be a chairperson, a panel of experts, presentations and discussion.

Session 1: Business Restructures – Maximizing Outcomes in Asset Protection

Clients may often find themselves operating through a less than optimal structure because their business or circumstances have changed. This session examines when you should consider a possible restructure for asset protection purposes and the key drivers for change. It covers:

• Motivations for restructure - What are you protecting yourself from?

• Who are you protecting assets from?

• Who are the affected stakeholders - family, management and/or third-party investors?

• Aligning business type to the restructure vehicle

• Identifying your current tax profile (revenue or CGT losses, Div 7A loans, UPEs)

• Tax effective structures – minimizing CGT and stamp duty liability

• Part IVA and restructures - tax benefit and genuine business restructure

• What is the impact of pre-CGT holdings?

Session 2: The Small Business Restructure Rollover in Asset Protection Planning

The small business tax rollover can be a useful and tax effective way in which to restructure your clients’ assets. But, it has its limitations. This session guides you through how you can best utilize this new tool from an asset protection perspective. It covers:

• Why use this rollover in asset protection planning

• Advantages over CGT rollovers

• Understanding what is a “genuine restructure”:

  • no change in economic ownership

  • significant and active assets

  • not for private purposes

• Entities from which and to which you can rollover

• How you go about doing the restructure?

• Safe harbor provisions and what they mean

• The rollover and trust cloning

• Practical case studies

Session 3: Don’t Have Your Eggs in One Basket! Separating Ownership and Use for Asset Protection

Limiting risk by separating the operation and ownership of assets is a well-worn risk management path, but it’s not without its challenges. This session brings you up to date on where this strategy sits in the current legal landscape, including:

• Separating safe and at-risk assets and ownership from use of asset

• The advantages of the holding entity owning business assets

• Ensuring operating entity does not own vulnerable assets

• Balancing funding of operating and holding entity – use of leases, loans and liens

• Utilizing rollover relief in restructuring with a holding company

• Consolidation for tax purposes and avoidance of CGT liability

• Managing DIV 7A risk when using holding company structures

• Minimizing risk of Part IVA issues in use of holding companies

• Distribution of profit from operating entity to holding company

• Transfer of dividends to the holding company

• Case study: which entity should own the IP?