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Avoiding the vesting day: Trusts domiciled in South Australia paper

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Published on 25 Sep 08 by SOUTH AUSTRALIAN DIVISION, THE TAX INSTITUTE

Note: This paper was also presented at the Darwin Seminar on 28 November 2008.

Alone among Australian jurisdictions, South Australia provides trusts with perpetual succession. This paper examines the long-term CGT risks of "lives in being" and 80-year trusts (the E events) and looks at the possibility of establishing estate planning trusts in South Australia to avoid the resulting problems. Issues covered include:

  • what steps are necessary to make a trust domiciled in South Australia?
  • does it matter that the trust's property and/or its control is elsewhere?
  • how do you change the domicile of an existing trust?
  • can you extend or eliminate the perpetuity period of an existing trust without CGT and State stamp duty problems?

Author profile

Michael Butler CTA-Life
Michael Butler, CTA, is the Partner in charge of the Finlaysons Tax & Revenue Group. Michael advises domestic and foreign clients on federal, international and state tax matters, and has a special interest in corporate restructurings, cross-border investment, property, wine and mining taxation, trusts, and estate and succession planning. Michael is a past chair of The Tax Institute’s South Australia State Council and a regular contributor to Institute events. Michael was made an Honorary Life Member of The Tax Institute in 2024. - Current at 13 May 2025
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This was presented at Tax Issues with Modern Trusts .

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Avoiding the vesting day: Trusts domiciled in South Australia

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