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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 30 August 2017
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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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