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2 - THE TAX INSTITUTE - SME Tax Symposium
WELCOME
SME Tax Symposium
We have listened to what it is that SMEs and their advisors need, and have developed this program just
for you. The SME Tax Symposium offers you a great choice of sessions, showcases the best speakers
and delivers extremely relevant topics.
The program provides strong technical content along with practical and insightful guidance on SME tax
issues.
To really cement your learning, we have added two hands-on workshops to the program. Everything you
need for the workshops will be presented on day one, so no annoying pre-reading is required!
We are confident this year’s SME Tax Symposium will be a highly sought after and well received event.
Registrations are now open! We look forward to seeing you there.
Todd Want, CTA, William Buck NSW
Scott McGill, CTA, Moore Stephens Sydney
Co-Chairs, SME Tax Symposium Committee
Thank you
The Tax Institute gratefully acknowledges the generous assistance of members of the
NSW Tax Symposium Organising Committee:
Jol Dare, CTA, HLB Mann Judd
Glen Hutchings, FTI, Australian Taxation Office
Scott McGill, CTA, Moore Stephens Sydney (Co-Chair, Organising Committee)
Simon Thorp, CTA, KPMG
Lisa To, CTA, Bartier Perry
Todd Want, CTA, William Buck NSW (Co-Chair, Organising Committee)
Tristan Webb, CTA, Crowe Horwath
3. THE TAX INSTITUTE - SME Tax Symposium - 3
TECHNICAL PROGRAM
Event summary
Day one – Thursday 19 November 2015
Time Session Presenter
8.00am–8.30am Registration
8:30–8:35am Welcome Scott McGill, CTA
NSW State Council Chair
Moore Stephens
8.35am–9.30am Session 1: Preparing for the Grand Final - How to get a business ready for sale
There are many obstacles to clear to get to the final. To execute the sale of a business
well, it requires careful planning and sound tax strategies. Would your clients’
businesses be ready for sale if they had a knock on the door tomorrow?
This session will look at:
ƒƒ Smart ways to separate non business assets
ƒƒ From a tax perspective, is there an optimal time to sell?
ƒƒ Dealing with loans – forgive them? Convert them to equity? Do something different?
ƒƒ Should SME’s be using demergers, consolidation, share buybacks, or capital
reductions to clean things up?
ƒƒ Is the intellectual property of an SME far more than just goodwill? Is this a bad thing?
ƒƒ Some common issues that due diligence might cover (and how to prepare for them).
Todd Want, CTA
William Buck
9.30am–10.25am Session 2: Kicking the Winning Goal - Clever ways to structure the sale of a
business
In selling a business you don’t want to trip at the final hurdle. How can you not only
avoid falling, but ensure you win by a record margin?
This session will address:
ƒƒ The decision to sell shares or sell assets – why is the decision far more difficult than
most anticipate
ƒƒ Can you implement some advanced planning for the small business CGT concessions?
ƒƒ How to get the best out of the new earnout provisions
ƒƒ Dealing with the sale process in a practical manner (including some of the thorny
issues it throws up).
Stuart Le Cornu, CTA
Crowe Horwath
10.25am–10.45am Morning tea
10.45am–11.40am Session 3: Creative ways to structure the purchase of a business
You think you have found a business that will be a winner well into the future. How do
you give yourself and the business the best possible chance of success?
The starting point is to make sure you have the right structures in place from the
beginning. This session will help you work out what the ‘right’ structure is, by considering:
ƒƒ Brand new measures and tactics to help buy an SME without incurring big due
diligence costs
ƒƒ Ways to self-insure your purchase using the new earn-out rules
ƒƒ Using the ATO’s new “Due Diligence Initiative” to reduce tax risk
ƒƒ Should you buy shares rather than assets in order to save costs - using
reconstruction relief and consolidation to clean things up
ƒƒ Set up a structure that allows for flexible distributions in the world after dividend
access shares.
Jol Dare, CTA
HLB Mann Judd
11.40am–12.40pm Session 4: Have I inherited a tax mess?
You have just taken on a client from another accounting firm and are looking at their
current structure:
ƒƒ Is the structure right?
ƒƒ What tax issues might be lurking about?
ƒƒ What should you look for?
ƒƒ How do you fix existing problems, like existing Division 7A issues? Future small
business CGT eligibility?
ƒƒ Have you just inherited a problem you’re better off not touching?
Scott Treatt, CTA
Pitcher Partners
12.40pm–1.30pm Lunch
1.30pm–2.25pm Session 5: Is my client an accidental developer?
It is increasingly common in the crazy Sydney property market for people to be
approached by developers who wish to acquire/develop or joint venture their property.
This creates a minefield of issues for the unwary:
ƒƒ How much tax will you pay? Will it be capital or revenue? Are you a “developer”?
ƒƒ What about CGT discount or main residence exemption? What else can you do?
ƒƒ Straight sale? Partnership or Joint Venture? Development agreement? Do it yourself?
ƒƒ Not just income tax! Don’t get caught with GST problems!
ƒƒ Let’s not forget Land Tax and Stamp Duty.
Scott McGill, CTA
Moore Stephens
4. 4 - THE TAX INSTITUTE - SME Tax Symposium
TECHNICAL PROGRAM
Event summary
Day one – Thursday 19 November 2015 (cont)
Time Session Presenter
2.25pm–3.20pm
OR
Session 6A: My money’s in super, where will it go next?
Often the talk is about getting money or assets into super, but what happens to it
next?
ƒƒ Should you make binding death benefit nominations?
ƒƒ On death should it go to your estate?
ƒƒ How can you manage or influence what a beneficiary of your estate does with the
super balance?
ƒƒ What are the best ways to deal with super when there are blended families?
ƒƒ Would life be a whole lot easier if you just spent the lot?
Chris Tsovolos, FTI
Bartier Perry
Session 6B: SMEs and international tax: Minefield or manageable?
Increasingly SMEs are having international dealings or transactions, whether it is
expanding operations offshore or transacting with other parties based outside of
Australia. Large businesses may have the resources to adequately manage the tax
issues associated with such dealings, but SMEs struggle (or just ignore the issues).
This session will cover:
ƒƒ What tax issues can arise for an SME in respect of expanding offshore?
ƒƒ What are the tax planning opportunities that SMEs can use to enhance their
business expansion?
ƒƒ What safe harbours does the ATO offer to make compliance for SMEs easier with
respect to dealings with foreign parties?
Simon Thorp, ATI
KPMG
3.20pm–3.35pm Afternoon tea
3.35pm–4.30pm
OR
Session 7A: Small business entities: The best thing since sliced bread?
The government often trumpet all the benefits of being a small business, but it’s the
advisors who are left to work through the details:
ƒƒ What is a small business and are there different definitions?
ƒƒ What opportunities are available to small businesses that medium/large businesses
can’t access?
ƒƒ How can a medium sized business structure some of their operations to be
considered a small business?
ƒƒ Will the benefits of being a small business result in a rise in contractors and what are
the risks?
ƒƒ Can passive investors get the benefits available to small businesses?
Jo-Anne Hotston, CTA
Bentleys
Session 7B: What is the best way to reward and remunerate an SME
employee?
It’s hard enough for small businesses to recruit staff, but what’s the best way to
reward and remunerate them?
ƒƒ What should an SME or start-up with limited cash do to offer an attractive salary
package?
ƒƒ Should a business offer ordinary shares; or dividend access shares?
ƒƒ How useful are bonuses or ‘phantom shares’?
ƒƒ Can the new employee share rules for start-ups be used easily and effectively by any
small business?
ƒƒ Is it all just too hard?
Albert Homarwijaya,
KPMG
4.30pm Networking Drinks & Canapes
Day two – Friday 20 November 2015
Time Session
Taking on board the needs of SME practitioners, we have designed this second day of the SME Tax
Symposium to build on your knowledge in a workshop style environment, facilitated by tax practitioners.
Often workshops require pre-reading or preparation, but not these ones! If you attend day 1 of the SME Tax
Symposium, you’ll be equipped with all the skills and knowledge needed to participate in, and learn from, the
workshops on day 2.
5. THE TAX INSTITUTE - SME Tax Symposium - 5
PRESENTER PROFILES
An overview of our experts
Jol Dare, CTA, is a Tax Partner of HLB Mann Judd (NSW) where
he specialises in helping corporate and SME clients and their
advisors. Jol has significant experience in SME restructuring,
practically assisting small businesses to manage their tax risk and
opportunity, and realise their highest value at sale. Jol is a regular
presenter for The Tax Institute’s Morning Tax Club and Tax Forum.
Jo-Anne Hotston, CTA, is a Director of TaxBytes, a specialised
tax training business. She is also a Tax Director of Bentleys NSW.
Jo-anne is a Fellow of the Institute of Chartered Accountants and a
Chartered Tax Adviser of The Tax Institute, and holds a Masters of
Taxation from the University of Sydney. Jo-anne has been providing
tax training to accounting and legal firms since 1994. She provides
monthly tax training to a number of accounting firms throughout
Australia from first tier down to smaller firms.
Stuart Le Cornu CTA, has more than 15 years’ experience
providing complex tax advice to clients at Crowe Horwath. He
works with a diverse client base that includes high net wealth
individuals, trusts, large private and foreign-controlled entities
spanning a variety of industries. Stuart helps clients with all
areas of income tax, GST, FBT and superannuation. He also
provides specialist advice in applying CGT concessions for small
businesses, ATO audits and risk reviews, creating tax-effective
business structures, international taxation, and trust structures.
Scott McGill, CTA, is a Partner at Moore Stephens Sydney where
he focuses on taxation, business, structuring and succession
issues for a wide range of clients. Scott also heads the property
industry speciality in the Sydney practice working with small and
large developers, retirement villages and aged care and investors.
Scott has extensive experience in income tax, GST and state
taxes from both his time in public practice as well as the ATO, and
has a reputation for achieving commercial outcomes on complex
issues.
Simon Thorp, ATI, is a Partner at KPMG and leads their
Technology, Media and Telecommunications tax practice. He has
over 22 years’ experience working with a variety of inbound and
outbound businesses. Simon regularly liaises with Treasury and the
ATO in respect of industry and policy issues and is a member of The
Tax Institute’s NSW Professional Development Committee.
Scott Treatt, CTA, is the Head of Taxation in the Sydney office of
Pitcher Partners. He has been practicing as a tax specialist since
1997 with clients predominantly in the SME market space. Scott
provides services from advising on appropriate structures, dealing
with private rulings and ATO tax audit matters, addressing taxation
issues within the firm’s major transaction projects, its listed and
foreign clients through to assisting the Private Clients Team with
taxation issues on succession matters.
Chris Tsovolos FTI, is an Executive Lawyer in the Private Client
Services team of Bartier Perry. Chris has experience in providing
specialist services to high net wealth individuals and privately held
businesses in his core areas of practice, being taxation issues
and appeals, superannuation structuring, estate and business
succession planning and asset protection. Chris is a Fellow of
The Tax Institute and an Accredited Advisor with Family Business
Australia.
Todd Want, CTA, brings over 10 years of experience to his
role as a Director in the Tax Services division at William Buck.
Todd specialises in small-to-medium enterprise tax matters and
advises clients on a broad range of tax issues such as capital
gains tax, advice relating to structuring and restructuring, the tax
consequences of acquisitions and divestments, small business CGT
concessions, Div 7A, taxation of trusts and tax risk management.
Todd also provides specialist tax consulting and training services to
accountants in public practice, lawyers, financial planners and other
professionals to assist them in advising their clients.
Time Session
8.30am–10.00am Workshop 1: Capital/Revenue distinction – where are we at?
Through use of practical examples in both property and non-property situations, this workshop will seek to extract and
explore the key principles of revenue versus capital, including some of the grey areas of mere realisation versus profit
making undertaking versus business. The workshop will also consider whether the size of the operation, the taxpayer
involved, the type of entity ownership or business relationships are relevant.
This workshop will follow similar concepts to those covered at the 2014 National Tax Intensive Retreat in Noosa.
10.00am–10.30am Morning tea
10.30am–12.00pm Workshop 2: Buying and selling a business
This workshop will build on the aspects of buying and selling a business as explored during day 1 of the SME Tax
Symposium. In particular it will:
ƒƒ Work through some of the careful planning required to achieve the desired tax outcomes on the sale of an SME;
ƒƒ Look at how to implement some sound tax strategies;
ƒƒ Consider structuring issues; and
ƒƒ Look at ways of managing potential conflicts between what a seller is wanting to achieve and what a purchaser is
wanting to achieve.
Day two – Friday 20 November 2015 (cont)
6. 6 - THE TAX INSTITUTE - SME Tax Symposium
FURTHER
INFORMATION
What, when and how to
Online registration
Delegates are encouraged to register online at
taxinstitute.com.au/2015NTS.
Early bird registration
All registrations received and paid for on or before Friday 23
October 2015 will be entitled to an early bird discount.
Full Registration
This registration option entitles one delegate to attend a full day of
technical sessions and includes refreshments during conference
hours. Select your session choices on the registration page.
Papers
The Tax Institute understands the impact that an event of this
nature has on the environment, especially when printing delegate
materials. Full technical papers and PowerPoint presentations
will be available online to all participating delegates to download
approximately five days before the event. Once these are available
an email will be sent to delegates with access details.
Tax Forum app
The Tax Forum app will be available for download 1 week prior to
the event. The app will contain session and speaker information,
the delegate list and available technical materials. You will receive
instructions via email detailing how to download the app.
Employer Ticket
For employer tickets, the names of all attendees and the sessions
they will be attending must be submitted on the employer ticket
registration form. A confirmation letter for each attendee will be
emailed to the employer ticket coordinator. For an employer ticket
registration form, please call 02 8223 0040.
Group discount
Purchase three full conference registrations and receive the fourth
registration free. All attendees must be from the same firm and all
registration forms must be submitted at the same time.
Confirmation of registration
A confirmation letter and tax invoice will be sent via email.
Delegate list
A delegate list will be included in the conference folder to assist with
networking. Please indicate on the registration form if you do not
want your name included on the list.
CPD accreditation
Attendance at the conference counts for 10 structured hours of
Continuing Professional Development Accreditation (CPD) with The
Tax Institute.
Venue
Doltone House Hyde Park
Level 3, 181 Elizabeth Street, Sydney NSW 2000, Tel: 02 8571 0622
This new meeting and events venue boasts 5 metre high ceilings
with an abundance of natural light via floor to ceiling spectacular
windows and uninterrupted views of Sydney’s Hyde Park, directly
adjacent to the 5 star Sheraton on The Park Hotel. It is superbly
located within a prestigious sector of Sydney’s CBD precinct and
exclusive retail outlets.
Getting there
The venue is located within the centre of Sydney CBD and is
approximately 2 minutes’ walk from St James train station. The
venue is easily accessible via other transport options and there are
many car parking stations located nearby.
Dress code
Business casual attire is suitable for the duration of the conference.
Parking
Sydney Hilton Hotel Carpark:
255 Pitt Street Sydney NSW 2000 Weekday all day. Enter after 4am
& Exit before 4am next day. Rate is $40*
Alteration and cancellation policy
The Tax Institute reserves the right to alter, amend or cancel all or
any of the arrangements contained in the program. It is a condition
of acceptance of registration that an administration fee of 20% of
the registration fee will be charged for cancellation. No refund will
be given for cancellations received within five working days of the
event. A replacement may be nominated; however, the replacement
is only valid for the 2015 SME Tax Symposium. If the replacement
is not a member, the non-member registration fee will apply. CPD
hours will be allocated to the designated attendee. The Tax Institute
cannot accept responsibility for delegates’ late transport arrivals or
non-arrivals due to delays.
Become a member
There is no time like the present to join Australia’s leading educator
and professional association in tax and take advantage of the
special new member introductory offer. For an additional $150 on
the member registration fee you can become a member and gain
access to “the mark of expertise” (membership is extended until 30
June 2016) and a two-week trial to the Tax Knowledge eXchange.
Member benefits include:
ƒƒ Taxation in Australia journal
ƒƒ TaxVine e-newsletter
ƒƒ TaxLine Research Service – free to members
ƒƒ CPD event discounts
ƒƒ Publications and tax product discounts
ƒƒ Business Alliance Partner discounts.
The Chartered Tax Adviser Program
Developed to enhance the performance of all tax professionals,
the Chartered Tax Adviser Program is the industry’s choice for
innovative tax education and training. The Institute offers three
formal education courses to support tax professionals throughout
their career – CTA1 Foundations, CTA2 Advanced and CTA3
Advisory. Visit taxinstitute.com.au/education for more information or
call us to discuss your firms training needs on 02 8223 0032.
Enquiries
For further information regarding this event, please email
nsw@taxinstitute.com.au. For registration enquiries, please
contact eventregistrations@taxinstitute.com.au.
7. Registration
Please see page 6 for registration inclusions.
Early bird full registration price (register on or before 23 Oct 2015)
The Tax Institute member full day $795
The Tax Institute member full day plus workshops $995
Non-member full day $895
Non-member full day plus workshops $1295
New member* (full day) $945
Order Papers $50
Total $___________
Standard full registration price (register on or after 24 Oct 2015)
The Tax Institute member full day $895
The Tax Institute member full day plus workshops $1195
Non-member full day $995
Non-member full day plus workshops $1395
New member* (full day) $1045
Order Papers $50
Total $___________
Breakout session selection
Please tick the breakout sessions you would like to attend during the conference:
Thursday 19 November 2015
2.25pm–3.20pm Session 6A: My money’s in super, where will it go next?
Session 6B: SMEs and international tax: Minefield or manageable?
3.35pm–4.30pm Session 7A: Small business entities: The best thing since sliced bread?
Session 7B: What is the best way to reward and remunerate an SME employee?
Register
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02 8223 0077
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SME Tax Symposium | 19 and 20 November 2015 2151026M1/BM
*SPECIAL NEW MEMBER OFFER
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Replacements
Please note: registrations for the event are not interchangeable but
replacements are acceptable. Please notify us at least two days prior
if you intend on sending a replacement. CPD hours will be allocated
to the designated attendee. If the replacement is not a member,
the non-member registration fee will apply.
Cancellations
The Tax Institute must receive cancellations in writing five working days
prior to the seminar. No refund will be given for cancellations received
within five working days of the event. A replacement may be nominated.
Further details on The Tax Institute’s cancellation policy can be found
at taxinstitute.com.au
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Instantly access conference details, scheduling, speaker
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the download link. Available from November 2015.
