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ARTICLE · 12 AUGUST 2014

Certain divorce settlements more costly under new ATO ruling

It is more difficult for spouses to access property in a company that is part of their group and is controlled by them.

AustraliaFamily and Matrimonial
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Joining me today is Alison Ross, who is a Partner in the Family Law Team and Justin Byrne who is a Special Counsel in the Tax Practice both at HopgoodGanim. Alison, Justin thanks for joining me.

Thanks Kate.

Thanks Kate.

Now we're talking about a new ruling from the ATO that could make getting divorced more expensive for wealthy couples, Justin what does the new ruling look to do?

Well broadly the ruling makes it far more difficult for spouses to access cash and other property in the company that is part of their group and is controlled by them, and the difficulty applies to all spouses no matter whether their companies have $1000 worth of assets or hundred million dollars' worth of assets in them. So the ruling doesn't simply effect wealthy spouses it affects all spouses who have utilised a company as part of their group structure, and now wish to divide up the property in that company as part of their

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