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Death and taxes paper

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Published on 20 Sep 12 by VICTORIAN DIVISION, THE TAX INSTITUTE

Increasing numbers of Australians are disposing of significant wealth through their wills. Accountants and lawyers are therefore frequently encountering large estates, where the executors may incur significant taxation liabilities, depending upon how they administer the estate. In this session Michael Flynn, CTA, outlined strategies for minimising tax liabilities that may arise in administering deceased estates.

This paper covers:

  • when are beneficiaries presently entitled to estate income?
  • tax consequences of realising assets
  • arying the terms of a will after death
  • obtaining endorsement for estates with tax exempt beneficiaries
  • distributing assets to tax exempt and non-resident beneficiaries
  • injecting income and capital into testamentary trusts
  • CGT main residence exemption.

Author profile

Michael Flynn QC CTA-Life
Photo of author, Michael FLYNN Michael is a Barrister at Owen Dixon Chambers West, specialising in taxation, and was National President of The Tax Institute in 2014. He is the author, with James Kessler, QC, of Drafting Trusts and Will Trusts in Australia (2nd edition, 2017). Michael has appeared in the Administrative Appeals Tribunal, the Federal Court and the High Court in taxation cases. Michael has been a member of various committees of The Tax Institute for over 20 years. - Current at 02 December 2019
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Individual sessions

Death and taxes

Author(s):  Michael FLYNN

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