State taxes Payroll tax Land tax

Stamp duty issues affecting private trusts

Source: Western Australia

Published Date: 26 Jul 2012

 

All state and territory jurisdictions seek to levy transfer duty on changes in beneficial interests in dutiable property, particularly changes in participation as beneficiaries of private trusts. This paper considers how the relevant provisions and case law affect the following issues involving trusts:

  • Taxation by tracing to underlying property
  • When are non-land assets taxed?
  • The different types of trusts: unit trusts, discretionary trusts, hybrid trusts, bare trusts
  • What transactions are dutiable:
    • creation of trusts
    • allotments/redemptions
    • variations of rights
    • settlements and resettlements
  • What transactions are not dutiable:
    • settlements and resettlements
    • "unintentional" creation of a trust
    • "restatement" of an existing trust
    • no change in ownership of property.

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Individual Session

Stamp duty issues affecting private trusts

Author(s): Campbell Rankine

Details

  • Published By: Campbell Rankine
  • Published On:26 Jul 2012
  • Took place at:Burswood Entertainment Comples, Perth

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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State taxes Payroll tax Land tax 2012

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