Navigating an acquisition

Whether you’re working for the acquirer or the target, acquisitions are exciting transactions to be involved in. As an advisor, you shape how both the newly acquired business and the seller will operate.

Acquisitions typically have a wide variety of tax implications, and usually involve a large team covering corporate, international and transaction taxes. These transactions involve a significant amount of planning and careful execution to ensure every aspect has been thoroughly examined.

Planning and advising

The first stage of any acquisition involves detailed planning. This includes considering how the acquisition could be structured. For example, will the shares or assets be purchased? It can also involve looking at options to fund the acquisition.

For every possible solution, there are a multitude of tax implications that need to be identified, researched and solved. This process is complex and requires excellent problem-solving and numerical skills, as well as intellectual agility. A tax training course that focuses on high-level tax planning can help you develop these skills.

A team of advisors is usually involved in this process, with many holding specialised taxation education in areas including corporate tax, international tax, GST or stamp duty. Each member of the team plays a significant role in defining the business.

Negotiating

Negotiations are an interesting part of acquisitions and may involve several parties. Tax practitioners may negotiate with the ATO or state revenue authorities to obtain rulings on the proposed tax treatment of the acquisition. Significant technical research is required to prepare for these discussions and your persuasive skills will be put to the test when creating applications.

You may also be involved in negotiating the final sale outcome and reviewing clauses in the contract, like tax warranties and indemnifications. This requires strategic thinking and foresight to identify the best way to protect your client. These negotiations also require a high degree of discretion due to the sensitive nature of such transactions.

Documenting and executing

Once the deal is completed, there’s still plenty of work to be done. This includes documenting each aspect of the final arrangement to ensure all the necessary facts are evidenced. You may also use this to prepare the client’s compliance documents, such as tax returns and BAS statements. This is an important part of managing a client’s taxation affairs and may involve liaising with them directly to obtain information. Managing corporate taxation compliance is a good opportunity to put your tax training into practice, while also building a strong relationship with the client.

Navigating an acquisition is a challenging and rewarding experience for any taxation advisor. It provides you with an opportunity to refine your research, problem-solving and negotiation skills, while also building strong relationships with not only your client, but other advisors and regulatory authorities.


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Are you ready for the proposed GST changes?

The topic of GST reform has sparked widespread debate with NSW Premier Mike Baird’s recent announcement he is backing a proposed lift to the GST from 10 to 15 per cent. So are you ready for the changes possibly headed your way? And why is it important that you, as a budding tax professional, keep abreast of any new tax developments, however initial they may appear?

In his proposal at the recent tax summit, Premier Baird suggested the spike would help fund the public health system, as well as stopping the federal-state financial system from “tumbling over a fiscal cliff”.

Since its introduction 15 years ago, the GST rate has remained untouched. But Baird claimed a rise is now the only viable way to overcome the federal and state struggle to fund health services and provide the required revenue stream of $20 billion before 2020.

He suggested income tax concessions and a new welfare strategy could help lessen the blow to low-income families and the vulnerable. The expectation is that a revised GST package could be created so that households earning up to $100,000 are not put at a disadvantage. Meanwhile, the proposed rise is not set to impact fresh food, health, childcare or education.

While these GST reforms were still very much in the pipeline at the time of the summit, leaders in attendance including various premiers, chief ministers and PM Tony Abbott reached an “in-principle agreement to lower the threshold below which GST is charged on online purchases from overseas from the current $1000”, according to The Sydney Morning Herald.

Whether or not these changes will be accepted and implemented still remains to be seen. However, as a tax student or junior tax professional, it is important to understand the short-term and long-term implications of the potential rise for your clients. Tax is a dynamic and ever-evolving profession. Equipping yourself with up-to-date specialist tax information, training tools and resources early in this reform process is essential to ensure you are prepared to provide timely, practical and relevant advice to your clients.

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