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Irreconcilable differences presentation


Transferring and dividing family property between the parties in a relationship breakdown will give rise to questions of tax liability and whether it can be deferred or avoided. It is common for family lawyers and their clients to rely very strongly on the accountant or other tax adviser to identify the tax issues and consequences so that these can be taken into account in making decisions.

Mainly using case studies, the presentation covers:

  • tax concessions, including CGT, Div 7A, child maintenance trusts and super splitting
  • restructuring or other changes concerning family property before final orders
  • other tax issues, including FTEs, GST, stamp duty and large tax liabilities
  • trust issues
  • conflict of interest.

Author profile

Arlene Macdonald CTA-Life
Photo of author, Arlene MACDONALD Until her recent retirement, Arlene was a Barrister at the South Australian Bar for 17 years. Prior to this she spent 8 years at the Australian Government Solicitor's Office, and several years at the ATO and the Commonwealth Ombudsman's office. At the Bar she appeared and advised in a wide range of Commonwealth and State tax disputes concerning income tax, CGT, GST, stamp duty, payroll tax, land tax and other tax issues. Arlene is experienced in acting for the Commissioner of Taxation and for the range of taxpayers who were in dispute with the revenue authorities or who needed advice on how tax law applies in their case. She has a passion for legal education, especially in tax and trust law. She was awarded life membership of The Tax Institute in 2010 particularly for her work over many years in organising, promoting and providing education through The Tax Institute. She has written a vast number of papers and articles and is a highly sought after speaker. - Current at 16 February 2015
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This was presented at 46th South Australian Convention .

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Individual sessions

SME risk differentiation framework

Author(s):  Scott BRYANT,  Michael CRANSTON

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