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Two or three things about trust deeds paper

Published on 28 Apr 08 by QUEENSLAND DIVISION, THE TAX INSTITUTE

This paper covers:

  • trust deeds - do they need default beneficiaries?
  • do default beneficiary clauses work?
  • defining classes of beneficiaries for flexibility
  • disclaiming a benefit after Pearson and Ramsden
  • defining income in the trust deed after Cajkusic.

Author profiles

David Marschke CTA
Photo of author, David MARSCHKE David is a specialist tax and legal adviser who acts for listed and private corporate groups, and their owners, in all areas of tax and related law including GST and state taxes. David has been involved in a wide range M&A transactions assisting listed and unlisted entities and has significant expertise dealing with tax effective business restructures and exits. He is a specialist adviser on trust law and taxation of trusts including MITs. David recently founded dbm horizons as a boutique legal, tax and consulting firm. Prior to founding dbm horizons David was a tax partner at national law firm. In addition, David has significant experience assisting taxpayers and their advisers in dispute matters including tax reviews, audits and complex tax negotiations, and settlements with the ATO and the State revenue offices. David is a Legal Practitioner, Registered Tax Agent, Chartered Tax Adviser and is a member of Chartered Accountants Australia and New Zealand. - Current at 11 July 2018
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David Marks QC CTA
David is a commercial Silk at the Queensland Bar, practising principally in tax. He has a broader practice in commercial litigation, trusts and estates, and administrative law. He contributes to the life of the profession through his committee work for The Tax Institute and other professional bodies. He is a Chartered Tax Adviser and a registered Trust and Estate Practitioner. He received The Tax Institute’s Meritorious Service Award in 2013. David serves on the disciplinary panel of an international practitioner association. - Current at 26 June 2019
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This was presented at Better Business solutions for Clients .

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Two or three things about trust deeds

Author(s):  David MARSCHKE,  David W MARKS

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