Published on 28 Aug 09
by NATIONAL DIVISION, THE TAX INSTITUTE
Terminating the trust and distributing the assets may not be the preferred option. This paper looks at some issues arising if the trust is to continue. In particular, it looks at restructuring trusts:
- cloning: What really happens - cloning after abolition of the concession
- splitting: What really happens - is ‘merely' a monster?
- early vesting of the entire trust fund or specific assets
- vesting then resettling: CGT and stamp duty issues
- extending the life: 80 years, royal lives and living forever in South Australia
- renouncing or disclaiming interests after Ramsden and Spry: Which CGT event and what value?;
- changes to beneficiaries and classes of beneficiaries: Div 149, CGT events K6 and E2, the Statement of Principles; and
- appointors and guardians: New appointments, changes and successors.