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Testamentary Trusts: Practical uses and issues paper

Published on 01 Sep 22

This paper covers some of the key tax issues to be considered in administering a testamentary trust. The session will include discussion of:

  • Opportunities to split income in the final year of administration
  • Receiving superannuation death benefits into a testamentary trust
  • Taxation benefits for minor beneficiaries and their limitations
  • Franking credits and family trust elections
  • Land Tax surcharges; and
  • Distribution of assets from the Testamentary Trust

Author profile

Dung Lam CTA
Dung Lam, CTA, is a Principal at West Garbutt and is based in Sydney. Dung has more than two decades of experience in advising on a wide variety of taxes including income tax, capital gains tax, GST and state taxes such as duty, payroll tax and land tax. Dung also has extensive experience advising on taxation trusts, superannuation issues in the self-managed superannuation funds arena and tax issues related to estate planning. Dung is a Chartered Tax Adviser, full member of the Society of Trusts and Estate Practitioners, an accredited Specialist in Business and Personal Tax with the NSW Law Society, a member of the Business Law Section Taxation Committee of the Law Council of Australia and a member of the NSW Law Society Liaison Committee with the Revenue NSW. Dung advises a broad range of clients ranging from corporates, small to medium enterprises, high net worth individuals, professional firms, accountants, financial planners and their clients. - Current at 17 January 2023
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