Unit trusts – A preferred business structure paper?

Published on 08 May 09 by SOUTH AUSTRALIAN DIVISION, THE TAX INSTITUTE

The unit trust has recently re-emerged to become the preferred structure in a variety of circumstances. This resurgence has provided practitioners with a new range of risks, issues and opportunities. This paper canvasses the technical and practical aspects of the unit trust and compares it to alternative structures.

Topics covered include:

• when unit trusts are a preferred structure
• establishment, administration and wind-up issues and opportunities
• taxation of income and capital gains at the unit trust and unit holder levels
• stamp duty issues including changes to s71
• ATO view on ‘uncommercial trusts' and other unit trust arrangements
• recent cases concerning tax, stamp duty and commercial issues.

Author profile

Timothy Clayton

Tim s a Partner in Rigano Clayton lawyers with both undergraduate and postgraduate qualifications, and experience, in both law and chartered accounting. Tim specialises in advising private clients on all of the taxation, commercial and regulatory issues arising from significant transactions including structuring, restructuring, mergers and acquisitions. He has a particular client focus on SMEs, high net worth individuals and those with complex arrangements and asset structures. - Current at 30 September 2010

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