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Holding land through trusts paper


Land is commonly held in both discretionary trusts and unit trusts. There are many federal and state tax issues that are unique to such ownership through both types of trusts. The tax implications can vary greatly depending on the type of trust used and the way in which the property is used. This paper explores important issues of land ownership through these trusts, including:

  • practical implications on ‘absolute entitlement’ and the implications of the CPT Custodian case
  • gearing property acquisitions through trusts
  • land tax issues for trusts
  • cloning and splitting trusts with property
  • in specie distributions and vesting of trusts:
    • stamp duty implications
    • capital gains tax implications
  • special types of land in trusts:
    • farm land
    • main residences.

Author profile:

Michael Butler CTA
Michael is the Partner in charge of the Finlaysons Tax & Revenue Group. Michael advises domestic and foreign clients on federal, international and state tax matters, and has a special interest in mining and property taxation, corporate restructurings, international tax issues, and estate and succession planning. Michael is the Visiting Lecturer in Tax at the University of Adelaide Law School, and is a regular contributor to The Tax Institute events. Current at 19 March 2015 Click here to expand/collapse more articles by Michael BUTLER.

This was presented at South Australian Convention: In Tune with Tax.

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