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

Daniel is a Principal of Sladen Legal. He is a Law Institute of Victoria Accredited Specialist in Tax Law and holds a Master of Taxation. Daniel is the principal author of Trusts Structures Guide published by The Tax Institute and 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 10 July 2017

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• CGT exit strategies for SMEs convention paper - 11-September-2004
• A Matter of Trusts - 01-August-2004
• My Client the Property Investor/Developer - Part II convention paper - 02-April-2004

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