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Unravelling the trust cloning knot


Since 2004 trust cloning has been viewed as an essential tool for estate planning, managing family breakups and asset protection. However, since TR 2006/4 was issued, its once bright future has dimmed. The ATO’s position has hardened and either conflict or the demise of trust cloning loom large. Are the obstacles to trust cloning real or imaginary? Is a test case the only solution or is there another way out of the mess?

Author profile

Graeme Halperin CTA
Graeme Halperin, CTA, of Halperin and Co, is a Barrister and Solicitor with over 30 years’ experience specialising in taxation, trust, estate and commercial law with extensive experience in tax, trust, estate and commercial litigation and dispute resolution. He is a former Chairman of the Breakfast Club, State Convention and Education Committee of the Victorian branch of the Tax Institute, served two terms on the Victorian State Council, served on several Tax Institute technical committees and in 2013 received a Meritorious Service Award from the Tax Institute. He has written many articles on tax related topics and has been a regular Tax Institute presenter since the 1990s. He has contributed to Parliamentary Committees and media articles on a range of tax topics, made submissions to the ATO in relation to draft rulings and in 2018 was interviewed in a Four Corners expose on ATO practices. - Current at 16 December 2020
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