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ARTICLE · 20 FEBRUARY 2022

It Depends – Does my trust deed need to be updated?

Cooper Grace Ward
Cooper Grace Ward
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Cooper Grace Ward

Cooper Grace Ward

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There are both tax and non-tax reasons when considering whether your trust deed needs to be updated.

AustraliaCorporate/Commercial Law
Keeghan Silcock
Keeghan Silcock
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In this edition of 'It depends', senior associate Keeghan Silcock talks about whether your trust deed needs to be updated.

VIDEO TRANSCRIPT

Hi, and welcome to another edition of It Depends. Today, I'm going to be talking about whether your trust deed needs to be updated.

What are some tax reasons for updating a trust deed?

Firstly, your trust deed may need to be updated for a number of different tax reasons. Some of these common tax reasons include; making sure that the definition of income is appropriate and that the trustee has as broad of flexibility as possible when determining income. We also like to check that the trustee has appropriate streaming powers, and this is something that came into play after 2011. So, commonly we see trust deeds that were prepared before 2011 do need to be updated to include those powers. We like to remove 30 June deadlines, and there are a number of all the tax provisions that we'll often go in and tinker with to make

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© Cooper Grace Ward Lawyers

Cooper Grace Ward is a leading Australian law firm based in Brisbane.

This publication is for information only and is not legal advice. You should obtain advice that is specific to your circumstances and not rely on this publication as legal advice. If there are any issues you would like us to advise you on arising from this publication, please contact Cooper Grace Ward Lawyers.

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