This paper covers the following topics:
- cloning trusts:
- what is it, how does it work, what are the taxation implications and when would you do it?
- family trust election issues
- Division 7A issues
- testamentary trusts:
- control from the grave - letters of wishes vs deeds of family arrangement
- family trust election issues
- superannuation proceeds trusts - protection v death benefit ETPs
- ownership of main residence and taxation implications of occupation rights
- child maintenance trusts
- trust to trust distributions (income and/or capital) and perpetuity issues
- gifts to and secured loans from trusts to secure equity in property for the next generation.
This paper was also presented at the Preserving and Passing on the Family Wealth seminar held in Melbourne on 8 November 2005 and on 1 December 2005 at the repeat 13th National Tax Intensive Retreat in Noosa.