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.
Current at 29 May 2009
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