CGT and Small Business Concessions

At Pengelly & Co Legal, we have the depth of expertise to advise you on a range of CGT issues, and to help you to take full advantage of the concessions available to you.

The capital gains tax (CGT) regime results in taxing points at key milestones for an individual or business – whether selling a business or property, restructuring ownership, or implementing succession plans.

Although the regime provides valuable concessions and rollovers to minimise the impact for individuals and businesses, correctly applying them demands specialist analysis.

At Pengelly & Co Legal, we have successfully helped businesses negotiate tax-effective restructures and exits, access the CGT small business concessions for intergenerational transfers, and overcome difficult CGT issues associated with reorganisations.

How we can help

 We can advise and assist with:

  • Eligibility analysis for the small business CGT concessions and small business restructure rollover
  • Advice on distributions and streaming in for trusts accessing the small business CGT concessions
  • Assistance with CGT rollovers, including scrip for scrip rollover (Subdivision 124-M) and ‘top-hatting’ (Division 615)
  • CGT advice on business sales, share sales, restructures, property disposals, and trust resettlements
  • Advice on pre-CGT assets and transfers of shares in pre-CGT companies
  • CGT planning for succession, intergenerational transfers, and family business transitions
  • Eligibility analysis for main residence CGT exemption 
  • Representation in ATO engagements, including private ruling requests, objections, audits and disputes

What we help with

small business cgt concessions

50% active asset reduction, retirement exemption, 15 year exemption and active asset rollover.

small business restructure rollover

Changing operating entity structure using small business restructure rollover.

cgt rollovers

Scrip-for-scrip, interposing companies, trust to company.

 

pre-cgt assets

Div 149 and CGT event K6.

ATO dealings

Representation in ATO reviews, audits and objections. Lodging private rulings requests.

structuring advice

Advice on use of CGT concessions for restructures and succession planning.

We’re Here When You’re Ready

Whether you have a quick question or need detailed advice, our team is ready to listen and guide you forward.