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Trust Intensive

Published on 19 Nov 2009 | Took place at Amora Hotel Jamison Sydney, Sydney, NSW

Trusts can be excellent tax planning and asset protection vehicles, but recent developments have called into question their ability to function as either. This year’s Trust Intensive focused on current events that impacted on the way that trusts and their beneficiaries are taxed, including:

  • the current state of play on cloning, splitting and resettlements
  • the current position with regard to Division 7A
  • obtaining certainty with respect to who will be taxed on distributions vis-a-vis Bamford
  • what asset protection benefits may be afforded through the use of a trust.

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

Individual sessions

Division 7A and trusts

Author(s):  Spyros KOTSOPOULOS,  Paul ARGENT This paper covers:

  • unpaid present entitlements
  • how have unpaid present entitlements been used?
  • Division 7A and unpaid present entitlements
  • what is the old position - "pre the u-turn"
  • implications of the ATO's "new" position is the ATO right?
  • unpaid present entitlements - what to do?
  • proposed Division 7A amendments.
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Author(s):  Mark L ROBERTSON This paper covers:

  • trust income - Cajkusic(s) and Bamford
  • appointments of actual sums - the proportionate/quantum debate
  • how to solve the proportionate problem?
Materials from this session:

Trusts and asset protection

Author(s):  Ken SCHURGOTT This paper covers:

  • trusts interests as property of others
  • trusts interests of the bankrupt
  • claims against retired trustee
  • recovering trust distributions
  • the reach of Richstar (no 6)
  • Kennon v Spry
  • the interplay of family law and bankruptcy.
Materials from this session:

Amending trust deeds, resettlements, splitting and cloning trusts

Author(s):  Rashelle Seiden This paper covers amending trust deeds, resettlements, splitting and cloning trusts.

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