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.