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Andrew24(Newbie)Newbie
21 Feb 2023

Am I eligible for a small business restructure rollover if I inadvertently purchased a property recently through a business and require it in a discretionary trust structure?

I am a sole director and the company will remain as a trustee and beneficiary of the trust which should substantiate the requirement for "no change in economic ownership".

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740 views
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WendyATO(Community Support)Community Support
23 Feb 2023

Hi @Andrew24,


The Small business restructure rollover may apply, it depends if you meet the eligibility requirements.


Discretionary trusts may meet the requirements of economic ownership where no change in individuals economically benefit from the assets before and after the transfer.


From the information you've provided we can't provide a definite answer on this. If you're considering restructuring, it may be good idea to speak with your tax agent or financial adviser.

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Most helpful reply

WendyATO(Community Support)Community Support
23 Feb 2023

Hi @Andrew24,


The Small business restructure rollover may apply, it depends if you meet the eligibility requirements.


Discretionary trusts may meet the requirements of economic ownership where no change in individuals economically benefit from the assets before and after the transfer.


From the information you've provided we can't provide a definite answer on this. If you're considering restructuring, it may be good idea to speak with your tax agent or financial adviser.

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Small Business Restructure Rollover Eligibility from company to trust | ATO Community