ArticleSection 100A reimbursement agreements targeted by the ATOThe ATO argues that certain trust distributions actually fall within the scope of the reimbursement agreement provisions.AustraliaTaxCooper Grace Ward
ArticleTax payable by foreign beneficiaries of non-fixed trusts on capital gainsFederal Court confirms the ATO view on taxation of capital gains made by the trustee of an Australian non-fixed trust.AustraliaTaxColin Biggers & Paisley
ArticleThe Salvation Army (NSW) Property Trust v CCSR [2018] NSWSC 128 - stamp duty exemptionThe Salvos won on appeal against the Commissioner who denied an exemption from stamp duty on a real property acquisition.AustraliaTaxCarroll & O'Dea
ArticleTrust Resettlements - To Vary Your Trust Deed or Not, That is the QuestionDespite the new TD 2012/21, caution should be exercised when amending a trust deed and only considered when necessary.AustraliaTaxNorman Waterhouse
ArticleTrust split arrangements may give rise to capital gains taxDraft determination TD 2018/D3 says that trust split arrangements of the type described will cause a CGT event to arise.AustraliaTaxColin Biggers & Paisley
ArticleIt Depends – Do I need a unitholder agreement?Transcript & link to video discussing what a unitholder agreement is and whether you need to have one.AustraliaCorporate/Commercial LawCooper Grace Ward
ArticleIt Depends – The many uses of trust cloningTrust cloning is a Queensland strategy, to transfer an asset from one trust to another, using a declaration of trust.AustraliaCorporate/Commercial LawCooper Grace Ward
VideoIt Depends – The "how-to" of death benefits in SMSFsThere are quite a lot of things for trustees of SMSFs to deal with when a member of the SMSF dies.AustraliaFinance and BankingCooper Grace Ward
ArticlePublic Ancillary Funds (e.g. Foundations/Bequest Funds/Trust Funds) – Compliance benchmark lifted - ATO PAF Return now availablePublic ancillary funds must comply with new guidelines formulated by the Minister to prepare PAF returns for assessment.AustraliaAccounting and AuditMoore Australia
ArticleVocational Education Training (VET) Student Loans and trustees dont mixIf your RTO is a trustee, a quick restructure may be in order to be an Approved Course Provider of VET Student Loans.AustraliaConsumer ProtectionStanton & Stanton
ArticleBusiness licensing and future tax changesA business licence is an effective tool for advisors and retains flexibility for clients to respond to future changes.AustraliaCorporate/Commercial LawMcCullough Robertson
ArticleBusiness Structures - TrustsThis article looks at setting up a trust, and the pros and cons of a trust structure - when starting a business venture.AustraliaCorporate/Commercial LawAitken Lawyers
ArticleCourt authorises the delay in vesting a trust in order to defer tax liabilitiesThis Court application was pursuant to a section of the Qld Trusts Act, identical with s89 of the Trustees Act in WA.AustraliaCorporate/Commercial LawKott Gunning
ArticleIt Depends – Is trustee discretion as good as we think?Trustee discretion - what decisions of trustees involve discretion and what happens when the trustee gets it wrong.AustraliaCorporate/Commercial LawCooper Grace Ward
VideoIt Depends – When is a negative gearing trust structure appropriate?Discusses a negative gearing trust structure - what they are and when they are appropriate.AustraliaCorporate/Commercial LawCooper Grace Ward
ArticleQueensland trusts can now operate for 125 years - What you need to knowPerpetuity period for trusts extended from 80 to 125 years - new opportunities for intergenerational wealth management & tax planning. AustraliaCorporate/Commercial LawMcCarthy Durie Lawyers
ArticleTestamentary Trusts – protecting your assets for future generationsTestamentary trusts can also be used for potentially significant tax savings, a benefit to high net worth individuals.AustraliaCorporate/Commercial LawAitken Lawyers
ArticleThe great ACN/ABN divide: Practical tips for small business to protect personal property security interestsAs a matter of commercial risk management, a small business should consider these steps to avoid any legal confusion.AustraliaCorporate/Commercial LawHHG Legal Group
ArticleTrustee Duties v Self-Interest – A Battle over Church PropertyA recent case provides a timely reminder of the obligations and duties of trustees who hold property in their names.AustraliaCorporate/Commercial LawMakinson d'Apice Lawyers
ArticleTrusts and estate planning and disputes – tips and traps for dealing with trusts as part of an estate planDiscretionary trusts cannot be transferred under a Will. Tips for passing control of trusts.AustraliaCorporate/Commercial LawCooper Grace Ward