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Discretionary trusts: where are we now with splitting and cloning? paper


One of the hot topics in trusts in the last few years has been using splitting or cloning as a solution to dividing control of family discretionary trusts among the next generation. It is important to understand what is being done, how and when and why it works from both a practical and tax view and what are the pitfalls. This paper focusses on:

  • practical reasons for splitting or cloning
  • can you effectively ‘divide’ a trust’s assets under trust law?
  • tax outcomes for CGT assets, trading stock and plant and equipment
  • stamp duty issues
  • family trust election constraints
  • practical issues.

Author profile:

Andrew Sinclair CTA
Andrew is a partner in Cowell Clarke's Tax & Revenue practice group. As a tax and superannuation specialist with over 25 years' experience, his qualifications are in law and as a Chartered Accountant. With a broad knowledge of corporate and business law, Andrew has specialist expertise in supporting clients with tax effective structures and tax planning. He provides tax advice across CGT, GST and stamp duty, in matters involving restructures, privatisations, asset acquisitions and disposals. Andrew also advises clients on superannuation law including structuring, allowable investments, pension and succession strategies. Andrew actively supports the education and development of other practitioners in his field, providing both in-house and external presentations on taxation matters within South Australia and interstate. He is former chairman of The Tax Institute. Andrew's passion extends beyond law into sport. He is the current President of the South Australian Cricket Association (SACA). Current at 01 June 2016 Click here to expand/collapse more articles by Andrew SINCLAIR.

This was presented at 40th South Australian State Convention: Let's Celebrate.

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The legacy of Justice Graham Hill

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Practical CGT problems in developing residential property

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