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Modern day trust structures paper
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 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 published by The Tax Institute. Since 2016, Daniel has appeared in the list of 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 since 2016. Daniel is a regular presenter at state and national industry conventions, conferences and workshops. - Current at 22 October 2019
This was presented at 2008 Tasmanian State Convention .
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The new regulatory regime for tax practitioners
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Modern day trust structures
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Taxation implications for not-for-profit entities
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Superannuation: contributions, voluntary cashing and death
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Outbound structuring for SMEs
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