2009

Trust Busting (Including Bamford)

Source: South Australia

Published Date: 4 Aug 2009

 
Tax and asset protection issues with family trusts never seem to end but the value of trusts to our clients is such that we need to maximise their effective use and minimise any problems. It is vital that the tax adviser stays on top of the issues and is aware of the issues causing problems, the possible solutions and the alternatives.

This event covered four current problem areas:

  • choosing the right appointors, directors and shareholders (of corporate trustees)
  • dealing with the limitations of discretionary trusts when the marriage ends
  • restructuring and succession planning without trust cloning
  • trust distribution minutes under the ATO microscope: minimising exposure and achieving desired outcomes.
Note: After this event was scheduled, the Full Federal Court handed down its ground breaking decision of Bamford v FC of T and the decision has called into question many of the established practices in drafting trust distribution minutes. It has also reinforced the principles for properly dealing with net capital gains derived by trusts. The event included a full breakdown of the decision and its practical implications for trusts and their advisers.

Protecting discretionary trusts following Richstar, Cummins and Spry

Author(s): Michael Butler

Can't Clone - what now? Succession planning for trusts

Author(s): Marc Romaldi

Trust distributions: The practical issues

Author(s): Peter Slegers

Unscrambling the egg: Current tax and trust issues in family law

Author(s): Arlene Macdonald

Details

  • Published On:4 Aug 2009
  • Took place at:Sebel Playford, Adelaide

The material is copyright. Apart any fair dealing for the purpose of private study,

research critisism or review, as permitted under the copyright Act, no part may be rerpoduced by any process without written permission from The Tax Institute.

Unless expressly stated, opinions are not that of The Tax Institute, which accepts no responsibility for the accuracy of any of the information contained within it.

This material is copyright. Apart from any fair dealing for the purpose of private study., research, critisism or review, as permitted under teh copyright Act, no part may be reproduced by any process without written permission from The Tax Institute.

Unless expressly stated, opininons are not that of The Tax Institute, which accepts no responsibility for the accuracy of any of the information contained within it.

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