Article
Four years on… is your Trust Deed up to date?
The High Court confirmed that the terms of a trust deed are of vital importance concerning the taxation of trusts.
Coleman Greig Lawyers
- Article
Trust deeds, holding residential land in NSW must be amended by 31 December 2020
Trusts will be deemed a 'foreign trust' if the terms do not prevent a foreign person from being a beneficiary.ClarkeKann Lawyers - Article
Distribution of trust assets in a personal insolvency: Same, but different?
The case sets out guiding principles for insolvency practitioners to distribute trust assets, but uncertainty remains.
Corrs Chambers Westgarth - Article
Discretionary trusts: can you effectively pass on control when you die?
Recent case highlights the importance of a well drafted trust deed that facilitates the passing of control. .
Cooper Grace Ward - Video
It Depends – Can a family trust distribute to its trustee?
This edition of "It Depends" discusses whether a family trust can distribute to its trustee.Cooper Grace Ward - Article
It Depends – Common provisions in trust deeds that cause practical problems
This edition of 'It depends' discusses common provisions in trust deeds that cause practical problems.Cooper Grace Ward - Article
It Depends – What happens when a trustee of an SMSF needs to pay a death benefit?
Link to video & transcript covering steps to take & potential issues. Link to registration for webinar on 3rd Nov 2022 on topic.Cooper Grace Ward - Article
SMSF trustees – How far does your good faith duty go? The implications of the Marsella decision are wider than you think…
SMSF trustees must be able to demonstrate that they could make decisions in accordance with their good faith duties.Cooper Grace Ward - Article
Trust tax crackdown fails to address any real mischief
Labor proposed a tax on non-fixed trust distributions at a flat rate of 30%, but this may be just a knee-jerk reaction.McCullough Robertson - Article
When variation clauses go wrong for family trusts – Re Owies Family Trust
Advisers should check the variation power in family trust deeds to ensure proposed and past variations are in the power.Cooper Grace Ward - Article
It depends – Does my family discretionary trust need an appointor?
Transcript & link to video – what is an appointor? Why have one? Does a FD trust need one?Cooper Grace Ward - Video
It Depends – Does my family trust deed need to be stamped?
When you establish your family trust deed, check the stamping requirements in your state, as they could vary.Cooper Grace Ward - Video
It depends – Should you involve your kids in the control of your family discretionary trust?
What is a FD trust? What does bringing kids into conrol look like? So should I?Cooper Grace Ward - Video
It depends – What is a child maintenance trust and when can I use one?
Special requirements to setting up a child maintenance trust and benefits of them.Cooper Grace Ward - Article
Potential tax & duty issues in family law property settlements
In many family law property settlements, there may be taxation or duty consequences that neither spouse has considered.Coleman Greig Lawyers - Article
Introducing Corporate Collective Investment Vehicles (CCIVs)
A CCIV is an alternative to a managed investment scheme and has similarities with investment vehicles used overseas.ClarkeKann Lawyers - Article
Potential relief from foreign investor surcharges in NSW
Relief from the Surcharges may be available following the issue of Revenue Ruling No. G 010 Version 2 by Revenue NSW.Carroll & O'Dea - Article
Corporate structures and PPSA defects
It is important to ensure the accuracy of registering security interests for the specific type of business structure.Worrells - Article
Insolvent trading trusts - one point of certainty
The receivers or liquidators of a trustee company will now be required to pay out employee entitlements in priority.Bartier Perry Solicitors - Article
NSW Court finds that section 556 priorities do not apply to trust assets
This NSW liquidation decision may need to be clarified because of its impact on priority creditors such as employees.Corrs Chambers Westgarth
