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Winding up trusts seminar paper


Issues covered in this paper include:
- ending a discretionary trust
- the mechanics of ending a discretionary trust
- how to decide which beneficiary gets what final distributions?
- accessing the small business tax concessions
- in specie distribution of assets vs cash
- forgiveness of debts
- getting the franking credits out to someone who can use them
- using the trust losses
- family trusts or interposed trusts
- accidental ending (eg. unintended resettlements)
- anti-avoidance issues: Part IVA/income injection test
- SA stamp duty
- what's different for fixed trusts (including unit trusts), hybrid trusts, bare trusts and testamentary trusts which include life interests?

Author profile

Arlene Macdonald CTA-Life
Photo of author, Arlene MACDONALD Until her recent retirement, Arlene was a Barrister at the South Australian Bar for 17 years. Prior to this she spent 8 years at the Australian Government Solicitor's Office, and several years at the ATO and the Commonwealth Ombudsman's office. At the Bar she appeared and advised in a wide range of Commonwealth and State tax disputes concerning income tax, CGT, GST, stamp duty, payroll tax, land tax and other tax issues. Arlene is experienced in acting for the Commissioner of Taxation and for the range of taxpayers who were in dispute with the revenue authorities or who needed advice on how tax law applies in their case. She has a passion for legal education, especially in tax and trust law. She was awarded life membership of The Tax Institute in 2010 particularly for her work over many years in organising, promoting and providing education through The Tax Institute. She has written a vast number of papers and articles and is a highly sought after speaker. - Current at 16 February 2015
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This was presented at Winding up Entitities - Getting the Money Out .

Get a 20% discount when you buy all the items from this event.

Individual sessions

Winding up companies

Author(s):  Andrew SINCLAIR

Materials from this session:

Winding up trusts

Author(s):  Arlene MACDONALD

Materials from this session:

Winding up partnerships

Author(s):  Christopher KNOTT

Materials from this session:

Further details about this event:


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