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The trust bastion paper

Published on 10 Oct 13 by VICTORIAN DIVISION, THE TAX INSTITUTE

Trusts are supposed to be a protective barrier for family assets. This barrier is under threat from:

  • the family law decision in Kennon v Spry (2008)
  • the company law decision in Richstar Enterprises Pty Ltd v Carey (2006)
  • credit loan accounts and unpaid trust entitlements
  • the creation of beneficial interests in the course of estate planning
  • bad practices in the administration of trusts.

This paper examines and evaluates each of these threats in practical contexts,including the scope they create for a family trust of another family member to be dragged into matrimonial property disputes, for a trust to be dragged into a beneficiary’s tax dispute and for inheritance claims to turn into trust disputes.

Author profile:

Graeme Halperin CTA
Graeme Halperin, CTA, of Halperin and Co, is a Barrister and Solicitor specialising in taxation, trust, estate and commercial law with extensive experience in tax, trust, estate and commercial litigation and dispute resolution. Graeme has been a regular speaker for The Tax Institute for many years. He is a former Chairman of the Victorian Professional Development Committee, Melbourne Breakfast Club and State Convention Committee, and served two terms on the Victorian State Council. He has also been a member of the SME, State Revenue and Superannuation subcommittees. Graeme also participated in NTLG Trust subgroup discussions on the draft Bamford decision impact. Current at 04 August 2016 Click here to expand/collapse more articles by Graeme HALPERIN.
 

This was presented at Vic 1st Annual Tax Forum.

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Individual sessions

Sustainability of our tax system and the case for major reform

Author(s):  Roger BEALE

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The trust bastion

Author(s):  Graeme HALPERIN

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Reportable tax positions and active compliance developments

Author(s):  Judy MORRIS

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Alternative dispute resolution

Author(s):  Terry MURPHY,  Judy SULLIVAN

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When the tax man comes knocking

Author(s):  Ross BURNS

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Division 7A - How to fix up a mess

Author(s):  Michael PARKER

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Evidence: Defending you position

Author(s):  Daniel McINERNEY

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M&A tax update

Author(s):  Paul ABBEY

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Transfer pricing - The new landscape

Author(s):  Cameron Smith

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Part IVA - The new framework

Author(s):  Sue WILLIAMSON

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