Cloning or splitting discretionary trusts paper
Publication date: 14 Mar 08
Source: NATIONAL EVENTS, TAXATION INSTITUTE OF AUSTRALIA
Abstract:
This paper tackles the difficult issues thrown up when using trust splitting or cloning techniques for succession planning or wealth preservation. Case studies demonstrate the following:
- technical problems with CGT events A1, E1 and E2
- how to bring into existence a new trust
- shifting value to the new trust
- creditors following assets to the new trust
- the incidence of stamp duty
- keeping an eye on Part IVA.
Author profile:

Ken is a Tax and Commercial Law Partner in the Sydney office of Schurgott Noolan Pty Ltd. Ken has extensive experience in all aspects of tax (including state taxes) as well as business structuring, asset protection, succession planning and trust and estate law. He is a member of the Advisory Panel to the Board of Taxation and is presently heavily engaged in consultation in relation to the reform of the taxation of trusts.
Current at 09 May 2012
This was presented at
23rd National Convention.
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