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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
Andrew O'BRYAN
Andrew O’Bryan FTIA is the Head of Taxation, Superannuation, and Family Business and Wealth Management Practice Groups at Hall and Wilcox. Andrew provides advice on the application of a wide range of taxation matters including income tax, FBT, CGT, tax audits, structuring and restructuring of business and transactions, superannuation, state equivalent tax regimes, retirement planning, business succession, estate planning, liquidations and reconstructions, and corporatisation and privatisation.
Current at 11 March 2009
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This was presented at 2008 Victorian State Convention .

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