Published on 28 Jul 06
by NATIONAL EVENTS, TAXATION INSTITUTE OF AUSTRALIA
Trusts may be in?nitely varied (subject to the terms of the Deed). It is usually taxes which obstruct the effective and ef?cient restructure of commercial and family trust arrangements. The Commonwealth allows signi?cant leeway in restructuring trusts for ef?cient operation. The stamp duty regimes pose the main obstacles. This paper covers:
- tweaking trust relationships for succession planning purposes
- splitting, cloning and resettling
- get it wrong and it can be doubly costly
- the legislative basis for a dutiable resettlement.
Ken is a Tax and Commercial Law Director of Schurgott & Co Lawyers and Special Counsel with Brown Wright Stein Lawyers, Sydney. He has extensive experience in all aspects of tax (including state taxes and litigation), as well as business structuring, business sales and acquisitions, asset protection, succession planning and trust and estate law. Ken has been, until recently, a member of the Advisory Panel to the Board of Taxation and heavily engaged in ongoing consultation in relation to the reform of the taxation of trusts and trust issues generally.
- Current at
22 May 2017