Share Vs Asset Sale Under the Small Business CGT Concessions

The small business capital gains tax (CGT) concessions can provide major tax savings when selling a business if all the relevant requirements can be met. One of the most common questions that comes up in these situations is whether a share sale or asset sale will give the business owners the best after tax outcome. There are many commercial, legal and practical considerations, but this article focuses on the main issues impacting the tax payable from the sale. If one approach offers a sufficiently large tax saving over another, there will be an incentive to find ways to overcome any of the other barriers that may exist. It may be, for example, that it is worth offering a discount on the price or other concessions on the commercial terms of the sale to achieve a tax saving.


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