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  • Article

    Trust in the court: Liquidators justified in seeking directions

    Liquidators must also take comfort in knowing they are able to have recourse to trust assets to cover costs and expenses.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    [Podcast] The law of tracing

    The law of tracing is relevant with equitable proprietary claims in civil fraud, insolvency, and breaches of trust.
    AustraliaLitigation, Mediation & Arbitration
    Level Twenty Seven Chambers
    Level Twenty Seven Chambers
Article

Following the latest draft rulings by the Australian Tax Office on trust distributions, is it fair to ask: why would we trust the ATO?

The Commissioner has completely repurposed s100A and has also changed its position on other matters.
AustraliaTax
McCullough Robertson
McCullough Robertson
  • Article

    NSW duty and land tax surcharge regimes to sting discretionary trusts

    The broad definition of 'foreign persons' will catch discretionary trusts with foreign persons as possible beneficiaries.
    AustraliaTax
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    Trust splitting: no longer an estate planning option?

    Draft taxation determination 2018/D3 outlines the ATO view that a trust split potentially triggers CGT consequences.
    AustraliaTax
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Will the ATO Commissioner accept that your trust is a fixed trust? – PCG 2016/D16

    If a trust does not qualify as a fixed trust, the Commissioner has a discretion to treat the trust as a fixed trust.
    AustraliaTax
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Are you contracting with a corporate trustee?

    Trust assets are held by the trustee on trust for its beneficiaries and are not always available to meet trustee debts.
    AustraliaCorporate/Commercial Law
    Surry Partners
    Surry Partners
  • Article

    Choosing a business structure

    A person can choose to carry on business in Australia as a sole trader, in a partnership, in a trust or in a company.
    AustraliaCorporate/Commercial Law
    Aitken Lawyers
    Aitken Lawyers
  • Article

    Discretionary trusts and payroll tax – disclaimers work, but not retrospectively

    Discretionary trusts can produce nightmarish consequences for creating payroll tax groups.
    AustraliaCorporate/Commercial Law
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    It Depends - Who should receive the distributions from my family trust ?

    Transcript & video discussing who should receive the distributions from your family trust. Don't limit your focus to tax matters this EOFY.
    AustraliaCorporate/Commercial Law
    Cooper Grace Ward
    Cooper Grace Ward
  • Video

    It Depends – What Should The Jurisdiction Of My Trust Be? (Video)

    In this episode of It Depends, associate Sacha Robinson explains how to choose the right jurisdiction for your trust.
    AustraliaCorporate/Commercial Law
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Key considerations when establishing a family discretionary trust

    Discretionary trusts are most commonly established under a trust deed and governed by the terms of that trust deed.
    AustraliaCorporate/Commercial Law
    Pointon Partners
    Pointon Partners
  • Article

    PART 2: Trust distributions are under ATO attack, are you ready?

    Previous article discussed s100A. This article discusses the 1st primary defence to s100A.
    AustraliaCorporate/Commercial Law
    Coleman Greig Lawyers
    Coleman Greig Lawyers
  • Article

    Professionally maintain your family trust - or risk legal proceedings

    Families should professionally maintain their family trust, to avoid expensive and unnecessary legal proceedings.
    AustraliaCorporate/Commercial Law
    Ramsden Lawyers
    Ramsden Lawyers
  • Article

    Responsible Entities and other trustees – beware when distributing assets in specie

    A discussion of ASIC v Wellington Capital Ltd [2013] FCAFC 52.
    AustraliaCorporate/Commercial Law
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    Special purpose entities under attack -

    It is quite common to use a special purpose entity in the form of a company or trust for major projects.
    AustraliaCorporate/Commercial Law
    Norton Rose Fulbright Australia
    Norton Rose Fulbright Australia
  • Article

    The universal obligation of a trustee: a trustee checklist from Owies v JJE Nominees Pty Ltd

    A wealth of information for trustees of discretionary trusts in exercising discretion to distribute income and capital.
    AustraliaCorporate/Commercial Law
    Mellor Olsson
    Mellor Olsson
  • Article

    A Family Divided: New obligations on trustees of discretionary family trusts

    The Court found that the trustee had not given real and genuine consideration in the exercise of its discretion.
    AustraliaFamily and Matrimonial
    Piper Alderman
    Piper Alderman
  • Article

    Gift and loan back arrangements – are they still viable?

    This recent case questions whether gift and loan back strategies are effective for estate planning and asset protection.
    AustraliaFamily and Matrimonial
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Testamentary trust or discretionary trust – which is best for you?

    Each type of trust has advantages and disadvantages. Pros and cons of each discussed.
    AustraliaFamily and Matrimonial
    Stacks Law Firm
    Stacks Law Firm
  • Showing 221–240 of 448 results

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