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Asset protection and succession planning management for UPEs and loans paper

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Unless expressly stated, opinions are not that of The Tax Institute, which accepts no responsibility for the accuracy of any of the information contained within it.

Published on 17 Aug 18 by WESTERN AUSTRALIAN DIVISION, THE TAX INSTITUTE

This paper covers:

  • overview of estate succession planning strategies
  • overview of asset protection planning strategies
  • overview relationship breakdown planning strategies
  • overview of Div. 7A deemed dividends
  • 2016 & 2018 Federal Budget Div. 7A Amendments
  • overview of Sec. 245 Commercial Debt Forgiveness
  • overview of Sec. 100A Reimbursement Agreements
  • overview of capital gain tax (CGT)
  • creation and discharge and satisfaction of UPE
  • asset revaluation reserve distributions
  • financier or intra-group refinancing or redrawing UPEs
  • bi-partite and tri-partite setting off of UPEs.

Author profile

Ronald Jorgensen CTA
Ron principally consults on Commonwealth and State tax laws, tax dispute resolution and compliance enforcement. Ron specialises in trusts and trust disputes, succession and asset protection, business and investment structuring and tax sensitive commercial and property transactions. Ron is an Accredited Specialist Tax Law and member of the Tax Law Advisory Committee with the Law Institute of Victoria. He is a member of the Property and Commercial Law Committee of the Law Society of Tasmania. Ron is a Chartered Tax Advisor and member and former chair of the States Taxes Committee (Vic) of The Tax Institute. Ron was recognised by Doyle’s Guide Leading Tax Lawyer - Victoria for 2015 to 2021 and Best Lawyers for tax law - Australia 2021 and Global 2021. - Current at 16 July 2021
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This was presented at 51st Western Australia State Convention .

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

Individual sessions

Related party loans – Considerations for SMEs

Author(s):  Rachael Munro

Materials from this session:

CGT in the real world

Author(s):  Sean Neary

Materials from this session:

SMSF audits – Keeping the ATO from the door

Author(s):  Shirley SCHAEFER

Materials from this session:

Tax issues for startups raising funds

Author(s):  Toby EGGLESTON

Materials from this session:

Asset protection and succession planning management for UPEs and loans

Author(s):  Ron JORGENSEN

Materials from this session:

The post BEPS world – Lessons learned

Author(s):  Matthew POPHAM

Materials from this session:

Dismantling corporate structures – Case studies

Author(s):  Simon AITKEN

Materials from this session:

What’s current and where to next with the R&D tax incentive – An adviser’s and administrator's perspective

Author(s):  Steve Carroll,  Scott Parkinson,  Greg Thomas

Materials from this session:

Related party financing – State of play

Author(s):  Shahzeb Panhwar,  Niv TADMORE

Materials from this session:

Taxing goodwill and taxing scotch mist

Author(s):  Michael WALPOLE

Materials from this session:

The latest developments in succession planning for trusts

Author(s):  Daniel FRY,  Lisa Monaco

Materials from this session:

What do self-driving cars, game-playing robots and tax have in common?

Author(s):  Belinda TOWNSEND,  Zane Duncalf

Materials from this session:

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