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9th Annual Property Intensive

Published on 20 Sep 2011 | Took place at Sydney Harbour Marriott, Sydney, NSW

This event brought together leading tax experts to discuss the most critical issues facing the industry in a landscape of significan legislative change and increased ATO scrutiny.

The following topics were covered:

  • trust streaming and other uncertainties
  • managed investment trusts - The next phase
  • attribution regime - Property exclusions and structuring implications
  • 974-80 and stapled entities
  • redidential premises and commercial residential premises - GST
  • ATO and legislative activity
  • landholder duty changes.

Get a 20% discount when you buy all the items from this event.

Individual sessions

General trust issues - Implications for the property industry

Author(s):  Scott FARRELL,  Craig CLUCAS

This paper covers:

  • the new trust streaming rules (Division 6E)
  • were the new streaming rules really necessary? (Greenhatch Case)
  • ATO’s response to the Colonial decision
  • ATO ID 2011/58: Taxation of trust distributions for revenue holders
  • TD 2011/21: The ongoing capital v revenue debate for trusts
  • Clark’s case: Is the trust resettlement question now settled?
  • ongoing tax issues for stapled groups and public unit trusts.
Materials from this session:

New MIT regime

Author(s):  George Stamoulos,  Matt WEERDEN

This paper covers:

  • the tax law design process
  • attribution method of taxation
  • when will a MIT have clearly defined rights?
  • dealing with unders & overs
  • cost base adjustments
  • arm's length dealing rule
  • character retention.
Materials from this session:

Legislative update

Author(s):  Nick GANGEMI

This paper covers:

  • rights to future income
  • retirement villages ruling & case
  • other cases, rulings and ATOIDS.
Materials from this session:

CFC and FAF changes - A property perspective

Author(s):  Joe GALEA,  Max PERSSON,  Maree YONG

This paper covers:

  • the long path of reform of the anti-tax deferral regimes
  • what are the key features of the proposed new CFC and FAF rules?
  • implications of the proposed new rules for the property industry?
  • rethinking some common property structures.
Materials from this session:

974-80 and stapled entities

Author(s):  Simon Clark,  Casey Wakely

This paper covers:

  • the detail
  • the requirements of s.970-80(1)(d)
  • the “equity purpose” tests
  • the 2001/12 budget announcement.
Materials from this session:

Stamp duty changes: Implications for the property industry

Author(s):  Matthew STUTSEL

This paper covers:

  • summary of recent changes
  • strengths
  • weaknesses
  • opportunities
  • threats.
Materials from this session:

ATO risk management framework - Refurbish, renovate or rebuild

Author(s):  Glenn WILLIAMS

This paper covers:

  • a shift in thinking - Science supported by art
  • a risk differentiation framework
  • a shift back to full disclosure?
  • certainty around taxpayer positions
  • correcting bad habits
  • promoting good habits
  • refurbish, renovate or knock-down (and rebuild).
Materials from this session: