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Modern day trust structures paper

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Unless expressly stated, opinions are not that of The Tax Institute, which accepts no responsibility for the accuracy of any of the information contained within it.

Published on 17 Oct 08

Note: This paper was delivered at both the Victorian and Tasmanian Conventions in 2008 (9-11 October and 17-18 October respectively).

This paper considers some of the fundamental concepts underlying the trust relationship and considers how they relate to the modern day trust structure. Issues addressed include:

  • is the concept of the substratum of a trust still relevant?
  • mere, trust, general, special, hybrid and dispositive powers - what are they and why is the distinction important?
  • consideration of the fiduciary obligation of trustees
  • beneficiaries of a discretionary trust as discretionary objects - significance?
  • an overview of income for the purposes of Division 6 and its application for a modern trust structure.

Author profile

Daniel Smedley CTA
Daniel Smedley, CTA enjoys solving complex taxation and trust law issues for private enterprise clients. He is also a trusted confidant in planning the succession of his client’s personal and business affairs. Daniel is a Chartered Tax Advisor with The Tax Institute, accredited as a specialist in Taxation Law with the Law Institute of Victoria, and the principal author of the Trust Structures Guide, recognised by The Tax Institute as "the leading resource for anyone advising on trusts, structuring and planning issues". In both 2016 and 2017, Daniel was named one of Australia's “Best Lawyers of the Year” in the practice of tax law. The list is compiled by Best Lawyers and published in the Australian Financial Review. Daniel has also been recognised in Doyles Guide as a recommended tax lawyer in 2016 and 2017. Daniel is a regular presenter at state and national industry conventions, conferences and workshops. - Current at 21 September 2018
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This was presented at 2008 Tasmanian State Convention .

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

Individual sessions

The new regulatory regime for tax practitioners

Author(s):  Gordon S COOPER

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Modern day trust structures

Author(s):  Daniel SMEDLEY

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Taxation implications for not-for-profit entities

Author(s):  Meagan O'CONNOR

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Superannuation: contributions, voluntary cashing and death

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Bankruptcy update

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Buy/ sell and key man insurance

Author(s):  Paul HOCKRIDGE

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Tax litigation and audit strategies

Author(s):  Sue WILLIAMSON

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Division 7A – The Commissioner’s discretion

Author(s):  Arthur ATHANASIOU

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State taxes/stamp duty–Legal practical issues

Author(s):  Tim TIERNEY

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GST & property development

Author(s):  Andrew HOWE

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Outbound structuring for SMEs

Author(s):  Denise HONEY

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