brad vincent
Written by
Brad Vincent
Senior Client Advisor
brad vincent
Brad Vincent
Senior Client Advisor
Brad has been providing advice to directors of companies in financial distress for 10 years. Brad will probably be your initial contact at Dissolve and you will see he has the ability to quickly grasp the situation you face and can quickly point you in the right direction. After 10 years of being an advisor, Brad has developed an excellent understanding of the legal and practical issues facing a director of an insolvent company – it is rare for a director to throw a new situation at Brad. You will find him understanding and sympathetic, but above all practical. Brad will provide the cool head in a stressful situation. Read more
cliff sanderson
fact-checked by
Cliff Sanderson
Dissolve CEO, REGISTERED LIQUIDATOR
brad vincent
Cliff Sanderson
Dissolve CEO,
REGISTERED LIQUIDATOR
Cliff is a corporate restructuring specialist with over 30 years of experience in Australia and internationally. He is the founder and Chief Executive Officer of Dissolve. In the last 10 years, he has been appointed liquidator of over 700 companies. He was a Partner of Ernst & Young for 10 years. His experience ranges from formal appointments in Liquidations and Voluntary Administrations to the sale of business, due diligence and valuations. Cliff has been the lead adviser in some of the largest restructurings in the Asia Pacific region. Read more

Tax Benefits – Small Business CGT Concessions

One of the main reasons to do a Members Voluntary Liquidation is to maximize the CGT concession benefits where there are proceeds from the sale of a pre-CGT asset or where there are Small Business CGT concessions available. Below are some details on the Small Business CGT Concessions and then we explain the significant benefits of a Members Voluntary Liquidation in getting the proceeds of an asset sale to the shareholders.

Small Business CGT Concessions for your business

There are four types of CGT Small Business Concessions:

  • Small business 15-year exemption*
  • Small business 50% active asset reduction*
  • Small business retirement exemption
  • Small business rollover

It is easiest to understand the concessions by looking at a flowchart:

mvl sbtc

You should obtain advice from your tax accountant to see if you qualify and meet all of the conditions. But in general, where a company is eligible to apply for the first two types of concessions above, part or all of the capital profits arising from a CGT event may be exempted from tax at the company level. However, when the amounts are distributed to shareholders (via a dividend), the amount becomes ordinary income, and thus, taxable.

The only exception is when the distribution is made by a Liquidator. When a liquidator makes the final distribution, capital profits are treated as “capital proceeds” from the cancellation of the shares. That can result in a very significant tax saving.

Please note that the above only applies to the distribution of the capital profits. If your company has retained earning (which is also subject to distribution), the amount will be deemed dividend and taxable.

We suggest that you firstly discuss the sale of your business with your tax accountant to see if you will qualify for the Small Business CGT Tax Concessions and if so, you should then contact us to receive the extra tax benefits received through a Members Voluntary Liquidation.

Or please visit Tax Debt Solutions for more advice.

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