Sale and Purchase of Business

Practice Areas > Sale and Purchase of Business

Significant transactions

At mdp we understand that buying or selling a business is probably one of the most important decisions you will ever make and that it is most likely to be one of the largest transactions in your lifetime as the financial stakes are extremely high. 

Drawing from our experience we understand that buyers and sellers seek three important qualities:

·confidential, professional and hassle free service;

·expeditious results; and

·cost effective outcomes.

Structuring and succession planning

We can help you to find the right structure that suits your risk profile and your business strategy.

mdp McDonald Partners' expertise in business structuring can assist vendors to maximise their sale price and minimise the tax payable upon sale.  In some cases, where there is sufficient time, this may involve a restructure in the months or years leading up the sale. However, when the sale is impending, our expertise will ensure that you get the deal right.  That is, by allocating the different amounts of tangible and intangible assets, pre and post capital gains tax (CGT) assets, and other assets within your business, we can ensure that you can take full advantage of any CGT discounts or concessions available to you.

For purchasers, we will help you to identify and implement the right structure for you when you buy into the business.  The right structure will help you to minimise your risk, protect your assets, distribute income in a tax effective way and ensure that you will not pay any more CGT than absolutely necessary when you eventually sell your business.  

You may wish to protect your assets from the liabilities of the business entity and you may also wish to protect the businesses assets from personal liability.  Your business does not exist in a vacuum that is separate from the rest of your life.  We explore your personal and business aspirations and help you identify the structure that is right for you, for your family and for your business partners.

Our clients have benefited personally from our succession planning process and the value of their businesses have increased.

Our services

Distinguishing our service

Our service is distinguished because we:

1. ensure that the due diligence process is carried out thoroughly, therefore avoiding any surprises;

2. ensure that the restraint of trade clauses are drafted correctly and are enforceable;

3. we provide advice on -

(a) whether the current business structure is suitable for a sale;

(b) The tax consequences and implications of a sale/purchase for  example, whether the Small Business Capital Gains Tax (CGT) concessions apply and other CGT related matters;

(c)  commercial leases;

(d)  employee issues in the transmission of business.

(e)  the transfer of depreciable assets and trading stock;

(f)  how intangibles such as intellectual property assets should be treated; and

(g)  ongoing liabilities.

Saleof Business Publications

· Case Study: PL Lease Management Pty Ltd sale of motor vehicle leasing business