Establishing new trusts as part of succession planning paper

Published on 25 Aug 05 by NATIONAL EVENTS, TAXATION INSTITUTE OF AUSTRALIA

This paper covers the following topics:

• cloning trusts:
• what is it, how does it work, what are the taxation implications and when would you do it?
• family trust election issues
• Division 7A issues
• testamentary trusts:
• control from the grave - letters of wishes vs deeds of family arrangement
• family trust election issues
• superannuation proceeds trusts - protection v death benefit ETPs
• ownership of main residence and taxation implications of occupation rights
• child maintenance trusts
• trust to trust distributions (income and/or capital) and perpetuity issues
• gifts to and secured loans from trusts to secure equity in property for the next generation.

This paper was also presented at the Preserving and Passing on the Family Wealth seminar held in Melbourne on 8 November 2005 and on 1 December 2005 at the repeat 13th National Tax Intensive Retreat in Noosa.

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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