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The small business CGT concessions: How they interact with trusts paper

Published on 17 May 12 by NEW SOUTH WALES DIVISION, THE TAX INSTITUTE

This paper covers:

  • analysis of the maximum net asset value test
  • the ‘connected with’ test - It’s all about control
  • control of an entity other than a discretionary trust - Particular trust issues
  • control of a discretionary trust - The “trustee reasonable to expect to act” control rule
  • control of a discretionary trust - Pattern of distributions rule
  • Commissioners exercise of discretion - 328-125(6)
  • the significance of the significant individual test
  • timing Issues with distributions from trusts and satisfying the significant individual test
  • the trust streaming measures
  • structuring issues and ordering of the concessions.

Author profile

Vanessa Priest FTI
Photo of author, Vanessa PRIEST Vanessa Priest, FTI, of Baskin Clarke Priest has more than 20 years’ experience as a tax specialist and has a particular interest in the tax and succession issues faced by privately owned enterprises and family groups. She has extensive knowledge in areas such as tax structuring, cross border issues for individuals and their investments, asset acquisitions and divestments, successions issues, and tax issues arising for trusts. - Current at 30 September 2019
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This was presented at NSW 5th Annual Tax Forum .

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