08/05/2026
Thinking about selling your business? There’s a recent court case every business owner should know about. 📋
The Kilgour decision, handed down by the Full Federal Court in 2025, has some important lessons for anyone who owns a minority stake in a business and is heading towards a sale. The short version? If you’re selling alongside other shareholders as part of a coordinated deal, the ATO may not accept a minority discount on your shares - and that could affect your access to valuable small business CGT concessions.
I’ve written a full breakdown on the TSP blog, including what the case means in practice and the three things I’d encourage every business owner to do before signing any agreement.
The most important one? Talk to your accountant early. The sooner we look at your structure and your eligibility for concessions, the more options we have to work with.
Read the full article at the link below, or give us a call on 4926 4155 if you’d like to chat about your situation. 📞
👉https://www.tspaccountants.com.au/kilgour-case-cgt-business-sale-valuations/
The Kilgour case changed how the ATO values minority interests in business sales. Deidre Molloy explains what this means for your CGT position before you sign.