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When you purchased the business from vendor, did the vendor register for GST? If the vendor registered for GST and the sale was GST-free only if the sale was a going concern. Then one of the requirement to be sale of a going concern at that time was for the buyer to be registered or required to be registered for GST. If this is the case, you have to register for GST.
If you want to restructure your business, one option is to transfer the business to you and your partner, then this will trigger CGT event A1. Alternatively, the trust can make an in specie distribution of the assets ( in this case, the asset is the business) if the trust deed allows it , this will trigger CGT event E5- Beneficiary becoming entitled to a trust asset. As this would be a related party transaction, the market value of the business would be deemed as the capital proceeds received. You will be caught with CGT provisions anyway. You also need to consider GST (sale of going concern) issues. |
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