Family law’s unintended tax implications – 2019 Barossa Convention

Relationship breakdowns are challenging even before the tax implications are considered, but proper planning can help avoid and reduce the unintentional trigger of tax liabilities.

At this year’s Barossa Convention, local and credited speaker Briony Hutchens, CTA from DW Fox Tucker will present a technical session on ‘Family Law’ which will focus on the complications that can be encountered from a tax perspective when dealing with a relationship breakdown.

We spoke to Briony about what to expect from her session. She said attendees will ‘understand that achieving the financial outcomes desired by parties in a property settlement following a relationship breakdown can be complicated and costly from a tax perspective but with proper planning the tax implications can be minimised’.

Briony goes on to explain that the potential blind spot and trap in this area is a ‘wide discretion under family law to look through structures when considering property settlements following a relationship breakdown which can result in transfers or other dealings with assets that achieve the desired result from a financial point of view but which unintentionally trigger tax liabilities that could be avoided or reduced with proper planning’.

Specific related areas that Briony will delve into include: Division 126-A Rollovers, stamp duty exemptions, dealing with superannuation interests and division of assets held in family trusts. Delegates will get practical tips and information about these issues that should be considered and different strategies that can be implemented to assist clients who are going through a relationship breakdown to achieve the desired financial outcome and extract value from various entities without triggering significant tax liabilities.
Briony Hutchens, CTA

A regular speaker at Tax Institute events, Briony is a director in the Tax Team at DW Fox Tucker Lawyers.  She acts for a wide range of clients, predominantly SMEs and high net worth individuals, in relation to most federal and state taxes and in a wide range of matters, including transactional matters, advices and disputes.  Briony also specialises in superannuation and estate and succession planning. When she’s not knee deep in tax, two young daughters keep Briony very busy!  But when she gets the chance Briony likes to read and see bands and hopefully will make it to New Zealand this year to go snowboarding – knee deep in snow not tax!

Prior to Briony’s presentation, Sessions 3-6 will be based around a case study focusing on specific tax and legal aspects of a business group through time. Some of SA’s leading tax practitioners: Paul Tanti, CTA, Peter Slegers, CTA, Nick Wilkins, CTA, Tim Clifton, Alistair Hutson, CTA and Toni Harrington will be joined by Simon Haines, FTI who will provide special commentary from the ATO’s perspective. Find out more about Briony’s session and the rest of the program on our website.

The Barossa Convention takes place 2-4 May 2019, it is South Australia’s pre-eminent tax event. Increase your tax knowledge and experience the iconic Barossa Valley. Early bird rates available until 22 March. Register now to secure your spot.


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