Skip to main content

Your shopping cart is empty

Fixed trust/fixed entitlement paper

Published on 10 Oct 08

There are a number of substantial tax provisions which practitioners regularly rely upon which work on the presumption that they're dealing with a "fixed" trust. But are they? The common example is a unit trust which is generally assumed to be a fixed trust. Often it is not the case. This paper covers:

  • what is a fixed trust?
  • what is a ‘vested and indefeasible interest?'
  • when do you need a fixed trust?
  • trust losses
  • CGT events affecting trusts
  • CGT scrip for scrip rollover
  • company ownership interests and losses
  • amendments to make a trust fixed - is it a resettlement?
  • mining hybrid trust gems or creating false leads.

Author profile:

Author Photo - Andrew O'Bryan CTA
Andrew O'Bryan CTA
Andrew is a senior tax partner at Hall & Wilcox Lawyers. He has over 25 years' experience giving expert tax advice to private business and wealthy family groups. He has particular expertise in the tax aspects of succession planning and in managing complex disputes with the Australian Taxation Office. Current at 21 June 2016 Click here to expand/collapse more articles by Andrew O'BRYAN.

This was presented at 2008 Victorian State Convention.

Get a 20% discount when you buy all the items from this event.

Individual sessions

The litigation lottery

Author(s):  David BLOOM

Materials from this session:

Mergers, acquisitions and restructures

Author(s):  Toby EGGLESTON

Materials from this session:

Latest tax updates

Author(s):  Michael CLOUGH,  Jerome TSE

Materials from this session:

Stealing the gold – Project Wickenby

Author(s):  Jennifer BATROUNEY

Materials from this session:

Further details about this event:


Copyright Statement