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Estate Planning Equation – Preventative Law
Level 13, 200 Queen St,
Melbourne Vic 3000
+613 8600 6906
Areas of Practice
It is important that asset and wealth management never becomes a one-size-fits-all service that fails to take into account the particular needs, circumstances and interests of each individual. To ensure this happens, it is crucial that potential asset and wealth management options are assessed against the individual's overall STRATEGY plan for the accumulation and benefit of their wealth.
Before going into business or deciding on the ownership of assets, there are important issues that need to be considered as part of an individual's overall strategy. At Estate Planning Equation, we provide advice and work alongside the individual's financial, risk and other advisors to achieve outcomes and assist with:
- The myriad of options available to ownership and transfer of wealth;
- The timing of transactions having regard to the client's available funding; and
- The available income tax, CGT, GST, stamp duty and land tax concessions and exemptions which may exist on the disposal of assets or transfer of such wealth.
Angelo and Maria have just purchased a property that will serve both as their business premises and also as their family home. They anticipate operating the business for at least a decade, but may not necessarily remain living on that property for all of that period.
They have purchased the property in an area that they feel has considerable prospect of capital appreciation and they would like to maximise the likelihood of qualifying for the various CGT concessions available for real estate when they sell the property. When putting in place a strategy to achieve this end, they ought to consider the following issues:
- The desirability, from an asset protection viewpoint, of only one of the two of them being a director of the business and the other owning the property;
- The extent to which the CGT main residence exemption is going to be available to them in relation to the property;
- The extent to which the various small business CGT concessions are going to be available to them and in what circumstances; and
- Their ability to meet the repayments associated with the property, particularly if there is a business downturn or either of them have health issues;
- The exposure of their existing investment assets in the event of a business crisis; and
- The impact of the terms of their Wills and other estate planning documents on their eligibility for the above CGT exemptions and concessions.