2023 Trusts

Structuring out of a trust to a company

Source: Western Australia

Published Date: 22 Mar 2023

 

Given reductions to the corporate tax rates and with heightened ATO compliance activity regarding section 100A, many advisors will see an increased attractiveness in having their clients operate out of a company rather than a trust. This session intended to be a technical review of the relevant concessions available in the income tax legislation which allows assets held in trust to be transferred into a corporate structure. This session examined what is required to obtain concessional CGT treatment and an analysis of the consequential issues arising under the Duties Act 2008 (WA). We also considered the commercial aspects arising from a change in business structure.

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