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Modern day trust structures paper

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Non Member Price: $75.00

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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
Danielis a Principal of Sladen Legal. He 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”. From 2016 to 2019, Daniel has been named in the list of Australia’s “Best Lawyers of the Year” in the practice of tax law in the list compiled by United States peer-review company Best Lawyers. Daniel has also been recognised in Doyles Guide as a recommended tax lawyer since 2016. Daniel is a regular presenter at industry conferences and workshops. Daniel primarily advises businesses and high net worth individuals in relation to business and investment structuring, trusts, succession planning and taxation law. - Current at 04 September 2019
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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

Materials from this session:

Modern day trust structures

Author(s):  Daniel SMEDLEY

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Taxation implications for not-for-profit entities

Author(s):  Meagan O'CONNOR

Materials from this session:

Superannuation: contributions, voluntary cashing and death

Author(s):  Vesna PAVLOVIC

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Bankruptcy update

Author(s):  Brett HARRISON

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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

Materials from this session:

Division 7A – The Commissioner’s discretion

Author(s):  Arthur ATHANASIOU

Materials from this session:

State taxes/stamp duty–Legal practical issues

Author(s):  Tim TIERNEY

Materials from this session:

GST & property development

Author(s):  Andrew HOWE

Materials from this session:

Outbound structuring for SMEs

Author(s):  Denise HONEY

Materials from this session:

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