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Monday, September 26, 2011

Buying, Selling or Resructuring a Business?

Currently in NSW, stamp duty may be payable if you acquire business assets (other than land). The good news is this duty is being abolished on 1 July 2012.

Stamp duty will no longer be payable on the purchase of the following business assets:

- goodwill
- intellectual property, such as trademarks, copyright and patents, (when part of a transaction which includes goodwill)

- plant and equipment (when part of a transaction which includes other dutiable assets)
- licences, such as taxi and liquor licences
- the interest of a lessee in a lease of business premises or land in NSW.

This may equate to a saving of between 1.25% and 5.5% of the asset value - often a very significant transaction cost.

Savings for our clients could be made in the following situations:

1. A purchase of business assets – reduced acquisition costs.
2. A sale of business assets – clients may be able to realise a higher price on the sale of the business assets as the purchaser will no longer be burdened by this acquisition.
3. A restructure of your business affairs – clients may be able to restructure their business group without the additional cost of this particular stamp duty.

Transactions like this are often very significant in the life of a business.  Make sure you involve  us early in the process - planning is crucial.  We have expertise in relevant areas such as valuation, due diligence, restructuring and taxation advisory - let us help you to shape that transaction plan. 

Questions?   Andrew Crawford or give your Altus Adviser a call.


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