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Trusts and succession planning paper

Published on 21 Oct 06 by TASMANIAN DIVISION, THE TAX INSTITUTE

As clients continue to adopt more sophisticated structures for business and investment, greater planning is required in order to ensure that a client’s estate and succession planning objectives are met. This paper considers some of the opportunities and traps that arise with trust structures in a succession planning context including:

  • are people whom we think are beneficiaries really beneficiaries?
  • the role of the appointor/guardian/supervisor in passing control to the next generation
  • testamentary trusts - some key issues
  • ownership of main residence and tax implications of occupation rights
  • trust cloning or splitting - what are they and what are the traps?

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 Tasmanian State Convention .

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