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The shifting trust relationship paper

Publication date: 28 Jul 06

Source: NATIONAL EVENTS, TAXATION INSTITUTE OF AUSTRALIA

Abstract:

Trusts may be in?nitely varied (subject to the terms of the Deed). It is usually taxes which obstruct the effective and ef?cient restructure of commercial and family trust arrangements. The Commonwealth allows signi?cant leeway in restructuring trusts for ef?cient operation. The stamp duty regimes pose the main obstacles. This paper covers:

• tweaking trust relationships for succession planning purposes
• splitting, cloning and resettling
• get it wrong and it can be doubly costly
• the legislative basis for a dutiable resettlement.

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