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Trusts Intensive

Published on 02 Jun 2022 | Took place at Online, National

This event covered the following:

  • How to identify and deal with fixed trusts and public trading/institutional trusts
  • Potential implications of FTEs and FTDT
  • Importance of understanding the terms of the trust deed
  • What happens if there in an insolvency event
  • Succession and estate planning considerations
  • International aspects of using trust structures
  • Distributions from trusts and s100A.

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Individual sessions

I say unit trust you say fixed trust

Author(s):  Daniel SMEDLEY

This paper covers some federal tax traps that arise in the administration of unit trusts and the fixed / non-fixed debate.

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Anatomy of a Trust Deed

Author(s):  Julie VAN DER VELDE

This paper covers a number of these provisions from a legal perspective and consider their implications in a taxation context.

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FTEs and FTDTs – the potential limitations of a wide class of discretionary beneficiaries

Author(s):  Linda Tapiolas

This paper covers some of the hidden tricks and traps with dealing with FTEs and FTDTs.

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Insolvency

Author(s):  Mark Gioskos

This paper covers:

  • Is my trustee insolvent?
  • What happens to the trust’s assets when a liquidator is appointed?
  • Liabilities and rights of indemnity, and how they apply to the trustee, creditors and beneficiaries and
  • Automatic removals of trustees and other common terms in trust deeds, and what they mean.
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International aspects of Trust planning/99B

Author(s):  Jim O'DONNELL

This paper covers:

  • Living with foreign trusts – accidental change in residency
  • Section 99B and managing tax efficiency
  • CGT concessions – applying Division 152 to foreign assets or beneficiaries, and the current scope of Division 855.
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Estate and succession planning consideration

Author(s):  Michael FLYNN

This paper covers some of the more central concepts such as testamentary trusts and when to use them, the rights, powers, duties and liabilities of LPRs versus trustees, and transferring control of trusts and potential taxing points, as well as addressing recent developments including the new rules for taxing distributions from testamentary trusts to minors.

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Trust distributions in the new world order? Where are we on Section 100A

Author(s):  Louise Clarke,  Mark WEST

This presentation covers practical examples and offer guidance to practitioners around what is now an area of key focus and concern for practitioners to ensure their clients affairs are in order.

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