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  • Article

    Bad asset protection strategies

    Last-minute asset protection strategies are rarely effective, so consider asset protection from the start of a venture.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Worrells
    Worrells
  • Article

    Analysis Of Recent Full Federal Court Decision In Australian Tax Case

    In Minerva Financial Group Pty Ltd v Commissioner of Taxation [2024] FCAFC 28[1], the Full Federal Court reversed the Federal Court's decision in finding...
    AustraliaTax
    Alvarez & Marsal
    Alvarez & Marsal
  • Article

    Stamp duty update – Victoria

The article discusses some recent Victorian decisions affecting the assessment of stamp duty on property and trusts.
AustraliaTax
Holding Redlich
Holding Redlich
  • Article

    Taxpayers and advisers take note: it will soon be time to pay-out UPEs or convert them to Division 7A complying loans to avoid paying deemed dividends

    Three safe harbour investment options aimed to ensure that a UPE of a company from a trust did not attract Division 7A.
    AustraliaTax
    Pointon Partners
    Pointon Partners
  • Article

    The net is cast wider: Four-year time limit for ATO amendments for potentially all taxpayers

    The Court has ruled that taxpayers who are objects of discretionary trusts are subject to a four-year amendment period.
    AustraliaTax
    Hall & Wilcox
    Hall & Wilcox
  • Article

    What's The Difference Between A Discretionary Trust, Unit Trust And Bare Trust?

    There are many types of trusts commonly used for commercial dealings, asset protection, privacy, tax efficiency or for succession planning
    AustraliaFamily and Matrimonial
    Kalus Kenny Intelex
    Kalus Kenny Intelex
  • Article

    A guide to buying commercial premises

    Buying a commercial property (warehouse, office building or retail space) is more complex than a residential property.
    AustraliaCorporate/Commercial Law
    Aitken Lawyers
    Aitken Lawyers
  • Article

    Does a bankrupt beneficiarys effective control of a discretionary trust transform their interest into property?

    We discuss the decision in Fordyce v Ryan & Anor; Fordyce v Quinn & Anor.
    AustraliaCorporate/Commercial Law
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Effective debt recovery starts with identifying your debtor

    Clarify your business relationship, as written contracts may not always be clear about who the contracting entity is.
    AustraliaCorporate/Commercial Law
    Colin Biggers & Paisley
    Colin Biggers & Paisley
  • Article

    New ATO guidance on Division 7A – Unpaid Present Entitlements and Financial Accommodation

    From 1 July 2022, trust distributions will only be effective for tax purposes in certain circumstances.
    AustraliaCorporate/Commercial Law
    Holding Redlich
    Holding Redlich
  • Article

    Trustees selling trust property in NSW – tips and traps

    This article provides an overview on trustee powers and responsibilities in relation to the sale of real estate in NSW.
    AustraliaCorporate/Commercial Law
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    Hurry up and wait – Liquidator in holding pattern while Re Amerind decided

    The WA Court approved the remuneration, but deferred any decisions about trust distributions until after the High Court.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    No Trust Deed? Not Always A Problem - The Supreme Court Of NSW Gives Directions To A Liquidator To Sell Trust Property

    If complex legal issues arise in the administration of a company, liquidators can apply to the Court for directions.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Re-run of Re Amerind – Part 2: Circulating security interests and circulating assets

    Part 2 looks at "circulating assets" and what that means for receivers when handling the property of insolvent companies.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Corrs Chambers Westgarth
    Corrs Chambers Westgarth
  • Article

    Unfair preferences, third-party payments and the Quistclose trust

    A creditor who receives a payment that could be an unfair preference, may not have to refund it to a trustee in bankruptcy.
    AustraliaInsolvency/Bankruptcy/Re-Structuring
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    Greater certainty (for some) with the new administrative safe harbour for fixed trust status

    Practical Compliance Guideline 2016/16 sets out the "safe harbour" for determining fixed trust status for certain trusts.
    AustraliaTax
    Clayton Utz
    Clayton Utz
  • Article

    Tax Reform Update – Government’s Post-Budget Carve-outs And The New Start-up CGT Concession

    The Australian Government has announced significant revisions to its 2026 tax reform package following intensive consultation, including expanded small business CGT concessions, a new innovative business CGT discount for early-stage investors, and broadened exemptions for testamentary trusts. These adjustments respond to industry feedback while maintaining the fundamental architecture of replacing the 50% CGT discount with cost base indexation and introducing a 30% minimum tax on trust distributions.
    AustraliaTax
    Piper Alderman
    Piper Alderman
  • Article

    The 2026 Federal Budget: Implications Of Proposed Tax Changes To Testamentary Discretionary Trusts

    The 2026 Federal Budget has introduced significant changes to how discretionary trusts, including testamentary discretionary trusts (TDTs), will be taxed. If passed, these changes have far-reaching implications for estate planning strategies that many families use to protect and pass on wealth.
    AustraliaTax
    Barry Nilsson
    Barry Nilsson
  • Article

    Beware to declare – NSW stamp duty traps on acknowledgments of trust

    NSW duty traps for trustees & custodians to consider before making statements that could expose the trust to ad valorem duty.
    AustraliaCorporate/Commercial Law
    Bartier Perry Solicitors
    Bartier Perry Solicitors
  • Article

    Landmine Div 7A decision for Commissioner – FCT v Bendel 2025 FCAF 15 (31 March 2025 – Backfire for Commissioner – Section 109D Div 7A attack on Corporate Beneficiaries fails and causes Commissioner other problems)

    Bendel is an intriguing case that will have further developments.
    AustraliaCorporate/Commercial Law
    Pointon Partners
    Pointon Partners
  • Showing 321–340 of 448 results

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