Corporate Consolidation & Restructure
Services
MGS Private advises on corporate consolidations and restructures across NSW, QLD, WA and Victoria — covering duty consequences, CGT treatment, GST implications and the practical steps required to complete each transaction.
Corporate restructure advice
across all states
Each State has its own corporate reconstruction duty relief — with materially different conditions, concession rates and procedural requirements. A restructure that is duty-free in QLD may attract significant duty in NSW, or vice versa. MGS Private advises on duty consequences in each relevant jurisdiction before the restructure is implemented.
New South Wales
90% concession from 1 February 2024. Comprehensive valuation evidence required. 10% residual duty payable. Pre-application to Revenue NSW required before the transfer. MGS Private models the total cost and saving for each proposed restructure.
Queensland
Total exemption maintained for corporate consolidations and reconstructions. Unit trusts not treated as corporate entities. Small business restructure exemption available from 7 September 2020.
Western Australia
Full corporate reconstruction exemption for qualifying related-company transactions. Pre-approval from WA Office of State Revenue required before the transfer. Small business restructure and CGT rollover structures separately analysed.
Victoria
Corporate reconstruction duty relief available — similar in concept to NSW but with different related-company definitions and procedural requirements. Independent valuations typically required to support the concession application.
What MGS Private does in
a corporate restructure
Pre-Transaction Analysis
Advising on the duty, CGT, GST and income tax consequences of the proposed restructure before any steps are taken — including identifying all available concessions and exemptions in each relevant jurisdiction.
Concession Applications
Preparing and lodging applications for corporate reconstruction concessions with the relevant State Revenue authority — including the required valuation evidence and supporting documentation.
Transaction Completion
Advising on the precise steps required to complete the restructure — including ASIC lodgments, the form and execution of transfers, and the sequencing of steps to satisfy all concession conditions simultaneously.
Post-Restructure Integrity
Advising on the post-restructure requirements — particularly three-year integrity rules under State Revenue concessions, and CGT conditions that must be maintained to preserve rollover relief.
Valuations Coordination
Advising on and coordinating the independent valuations required by State Revenue authorities to support concession applications — including the scope of valuation evidence required in each jurisdiction.
Private Rulings
Where the tax treatment of a proposed restructure is uncertain, preparing and lodging private ruling applications to the ATO or State Revenue to obtain certainty before the restructure proceeds.
Planning a corporate consolidation or restructure?
Duty consequences must be addressed in every relevant jurisdiction before the restructure proceeds.