Consolidating companies is a very complex task and involves compliance with many different laws. You will be required to comply with company law, competition law and tax law to name a few. Each of these legal areas are in themself complex. They are even more complex when considered together.

If you are considering consolidation of companies then seeking expert legal advice is strongly recommended. A lawyer will be able to:

• advise you about your decision to consolidate;
• ensure you are in compliance with all relevant law and regulations;
• advise you of any implications for your personal liability;
• help in the preparation of tax sharing and tax funding agreements;
• formulate the proper written arguments in support of the tax position taken in the return lodged by you;
• assist and represent you during any potential challenges to a consolidation decision;
• allocation of the allocable cost amount (ACA); and
• help in lodging appeals with the Administrative Appeals Tribunal (AAT) or represent you in court if this becomes necessary.

 It is best to engage a lawyer before you commence any consolidation. This can avoid any costly oversights, make the process more efficient and tailor the consolidation to your specific needs in order to maximise your success.