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Stamp duty and trusts presentation


This presentation focusses on common transactions involving real property and trusts. A case study approach is adopted and concentrates on discretionary trusts and unit trusts as well as the concessions which frequently apply to trusts. Confusion often arises where related parties seek to contribute to or to access value from a trust. There can also be tensions with income tax issues and effective advice requires attention to all issues. The presentation addresses the following matters specifically:

  • capitalising and redeeming interests in unit trusts
  • how to introduce and remove beneficiaries
  • deed amendments and trust resettlements
  • current status of trust cloning and splitting
  • practical issues with accessing concessions for distributions from family trusts
  • concession for change of trustee
  • jurisdictional issues (eg. when is your trust not subject to duty in SA).

Author profile

Paul Tanti CTA
Photo of author, Paul TANTI Paul is a partner in the Tax team and has a broad range of experience in providing specialist taxation and commercial advice to a wide variety of clients. His broad base of clients includes legal and accounting firms, private and listed companies, high net worth individuals, and private equity funds. Paul advises on all areas of Federal and State taxation law and related commercial matters. Paul has experience advising across a range of sectors including transport, mining, property sale and development, marketing, public relations, information technology, professional services, and financial services. Paul is a regular speaker on tax and related commercial matters for various professional bodies. He is a member of The Tax Institute, as well as a member (and past President) of the South Australian Divisional Council of Taxpayers Australia Inc, a member of the Law Council of Australia’s Business Law Committee (South Australian Tax Sub Committee), and a member of the South Australian State Taxes Liaison Group. Paul has been recognised by Doyle’s Guide 2015 – 2017 as a pre-eminent tax lawyer in South Australia, and has been recognised by his peers as one of the Best Lawyers in Australia in the area of Tax law (2017 and 2018), and also in Trusts and Estates (2018). - Current at 19 January 2018
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This was presented at Stamp Duty: Trusts and Real Property .

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Stamp duty and trusts

Author(s):  Paul TANTI

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