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The Court as a trust buster - where assets of a discretionary trust are at risk paper

Published on 28 Aug 07 by SOUTH AUSTRALIAN DIVISION, THE TAX INSTITUTE

This paper includes:

  • an analysis using decided cases to show how the Family Court 'busts' trusts
  • challenges under the old and new provisions Bankruptcy Act
  • tax and stamp duty consequences of Court trust busting
  • DIY trust busting (ie getting it so wrong, the assets aren’t protected)
  • hints to maximise asset protection.

Author profile:

Author Photo - Arlene MACDONALD
Arlene MACDONALD

Click here to expand/collapse more articles by Arlene MACDONALD.
 

 

This was presented at Misplacing your 'Trust' .

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Individual sessions

Tax effective transferring of assets out of fixed trusts

Author(s):  Andrew SINCLAIR

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