Restructuring a Small Business

If you are a small business owner and you restructure the business, capital gains or losses that would arise from transferring the business assets to another entity are deferred where there is no change in the ultimate economic ownership of the asset. This is called the small business restructure roll-over. It may apply where, for example, you are a sole trader and  you transfer the business to a company you control.

Roll-over relief can apply to an asset used in a business carried on by your affiliate or a  connected entity (that is also a small business).

A legislative amendment in 2020 fixed up a drafting error which incorrectly set the turnover  threshold for an affiliate or entity connected with a small business at $2 million instead of $10  million. The change to set the threshold at $10 million goes back to 1st July 2016, which is  when this roll-over commenced.