CPD Seminars on CD

Presented by Spyros Kotsopoulos FTIA and Les Szekely FTIA, Deloitte Touche Tohmatsu

These two presentations consider various tax issues arising in respect of buy/sell transactions involving businesses or companies, including:

• Impact of WIP
• Sale of trading stock, goodwill, IP and Shares
• Sale of other intangibles – franchises, customer bases
• Transfer of leave and other provisions e.g. warranty
• Exits on consolidated group including TSA and TFA
• Loss integrity measures and Part IVA
• Earn outs and the impact of the ruling for vendors and purchaser

Coming to or leaving Australia:
is there a tax problem?

Presented by Megan Field FTIA - Deloitte

Filmed 14 March 2008, National Convention 2008.

The workforce is becoming more and more mobile, and with the war for talent in Australia, businesses are attracting more individuals to Australia both on short-term assignments and permanent relocations. With this comes a range of tax issues that affect people coming to Australia and also those leaving to work overseas for a period of time.

Advisors need to be aware of the range of tax issues that affect people either leaving Australia to work overseas or coming here temporarily or permanently.

This presentation looks at some of the domestic factors to be addressed when leaving and coming to Australia including:

• Capital Gains Tax and how it applies to:
  • temporary residents
  • taxpayers leaving and coming to Australia permanently.
• Superannuation and the tax implication of:
  • departing temporary residents
  • bringing super to Australia.

Trusts: Cloning or splitting discretionary trusts and current issues in the taxation of trusts

Presentation 1: Cloning or Splitting Discretionary Trusts
Presented by Ken Shurgott FTIA, Cosoff Cudmore Knox

This presentation tackles the difficult issues thrown up when using trust splitting or cloning techniques for succession planning or wealth preservation.

Case studies are used to demonstrate the following:

• Technical problems with CGT events A1, E1 and E2
• How to ring into existence a new trust
• Shifting value to the new trust
• The incidence of stamp duty
• Keeping an eye on Part IVA.

Presentation 2: Current issues in the taxation of trusts
Presented by Mark Robertson FTIA, Barrister-at-law

This presentation deals with recent and significant changes to the Federal Court’s approach to “present entitlement to trust income”.

The following areas are highlighted:

• Present entitlements under unit trusts
• Losses and the rule in Upton v Browne
• Payment to trustees
• Recent cases including Cajkusic; Pearson; CPT Custodian; Raftland; Di Lorenzo.

Direct Gearing of Super Funds:
The Instalment Warrant Revolution

Presentation 1
Presented by: Ken Schurgott FTIA & Denis Barlin FTIA - Cosoff Cudmore Knox

Addresses the technical implications of the new rules. 

• What are "instalment warrants"?
• Investment restrictions
• Borrowing prohibition
• Bare trust relationship
• In-house asset test

Presentation 2
Presented by: Mark Payne FTIA Goldman Sachs JBWere

Explores the issues facing SMSF trustees in relation to:

• Gearing in super and the impact on investment strategy, cash flow, risk and return.
• Comparison of instalment warrants and margin lending.
• The different superannuation instalment warrant structures in the market including a snapshot of the investment options.

Tax Risk Management

This CD covers overseas developments in tax risk management, the view from the boardroom and a hypothetical featuring an experienced panel.

Part A – Overseas development
Presented by Tony Fulton, PricewaterhouseCoopers.
The focus of this seminar is on overseas developments in tax risk management and disclosure.

Part B – The view from the boardroom
Presented by Richard Warburton AO.
This presentation looks at tax risk from a board perspective and considers how active a board should be.

BONUS - Tax Risk management hypothetical