Published on 03 May 07
by SOUTH AUSTRALIAN DIVISION, THE TAX INSTITUTE
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.
Michael Butler FTIA is a Partner at Finlaysons' Tax & Revenue Group. Michael advises both domestic
and foreign clients on federal, international and state tax matters, and has a special interest in property tax
issues. Michael is the author of the book "Australian Federal Company Taxation" and a regular contributor to Taxation
Institute of Australia events.
Current at 23 March 2009 Current at 15 April 2009
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