Commercial

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Transactions (sale of business or assets)

Transactions can be exciting, but it can be easy to fall into legal traps. We help you to navigate the transaction and achieve the best possible commercial outcome.

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Shareholders Agreements & Unitholder Agreements

In business with others? Bringing in a new co-owner? Get an appropriate contract in place to protect the business and its owners. Otherwise, you may regret gambling on your ability to predict the future.

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Franchising

Franchising is complex and heavily regulated. We will help you to avoid the legal traps.

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Contract Preparation & Review

A contract is the ultimate way of safeguarding yourself against risk. However, the devil is in the detail and a small handful of words (or an absence of those words) can create significant consequences. We will help you to protect what matters.

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Capital Raising & Finance

Raising funds can unlock business opportunities. However, the difference between a successful raise and an unsuccessful one can come down to small details. We help you to get it right so that your business can get to the next level.

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Business Partner Disputes

Disputes between business partners can have devastating financial and legal consequences. We help you to navigate this challenging time in a methodical and strategic manner.

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How do pre-CGT assets factor into the small business CGT concessions?

CGT assets acquired before 20 September 1985 generally have ‘pre-CGT status’ (subject to certain integrity rules). This means that the seller can disregarded any capital gain arising from their disposal.

However, where companies and unit trusts hold pre-CGT assets, those companies and trusts may be difficulty paying the sale proceeds to their shareholders or unitholders in a tax-free manner. This will often be the case as some or all of the shares or units themselves may no longer be pre-CGT assets.

The 15-year exemption (one of the concessions available under the small business CGT concessions) allows for a company or unit trust to extract a capital gain from a pre-CGT status in a tax-free manner as a non-assessable non-exempt amount.