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The small business CGT concessions: How they interact with trusts paper


This paper covers:

  • analysis of the maximum net asset value test
  • the ‘connected with’ test - It’s all about control
  • control of an entity other than a discretionary trust - Particular trust issues
  • control of a discretionary trust - The “trustee reasonable to expect to act” control rule
  • control of a discretionary trust - Pattern of distributions rule
  • Commissioners exercise of discretion - 328-125(6)
  • the significance of the significant individual test
  • timing Issues with distributions from trusts and satisfying the significant individual test
  • the trust streaming measures
  • structuring issues and ordering of the concessions.

Author profile:

Author Photo - Vanessa Priest ATI
Vanessa Priest ATI
Vanessa is a Partner in the Tax Consulting Group of BDO and has over 19 years experience in public practice as a taxation specialist. At BDO she focuses on the SME market, professional services, family trusts, and has a particular interest in the small business CGT concessions. Current at 02 June 2015 Click here to expand/collapse more articles by Vanessa PRIEST.

This was presented at NSW 5th Annual Tax Forum.

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