Skip to main content
shopping_cart

Your shopping cart is empty

Settlements at common law and for certain statutory purposes seminar paper

Published on 07 Apr 04 by NEW SOUTH WALES DIVISION, THE TAX INSTITUTE

This paper examines some of the multitude of difficulties that have to be managed when trusts are varied or re-organised, including:
- trust law aspects of variation
- consideration of fraud on the power
- concepts of property of the trust
- what is a resettlement?
- must a resettlement create an adverse capital gain result?
- recent cases
- the Commissioner's statements.

Author profile:

David Raphael CTA
David practised as a Solicitor for more than 30 years and since 1995 has been an active member of the NSW Bar. While a Solicitor he specialised in revenue litigation and other revenue-associated matters and was the instructing solicitor in several high-profile payroll tax cases such as the Terry Sheilds case. He appeared as Counsel in the Denham Constructions case. In stamp duty he was Counsel in the most important land rich case of Tsai Mei-Lan Lee. While a solicitor he was the speaker on Australian revenue law at meetings of the UIA in Quebec, Switzerland and France in various years as well as for the International Bar Association in Singapore in 1987. Current at 20 February 2012 Click here to expand/collapse more articles by David KL RAPHAEL.
 
Individual sessions

Settlements at common law and for certain statutory purposes

Author(s):  David KL RAPHAEL

Materials from this session:

Further details about this event:

 

Copyright Statement