Trusts
Search Tags
– Trust Establishment – Variation – Succsession Planning – Trust Problems –
Trust Articles
Fischer v Nemeske – Part Three: Dissenting Judgements. Kiefel and Gordon J
Fischer V Nemeske: The Dissenting Judgements - Part 3 Kiefel J's Dissent This is the final part of my three part series commenting on Fischer V Nemeske, specifically the dissenting judgements. Kiefel J considered that for the capital to be applied, and the...
Fischer v Nemeske – Part Two: Gageler
Analysis of Fischer v Nemeske: Gageler J's Judgement Continuing on from part one of the discussion on Fischer v Nemeske, in which the conventional view of present entitlement and the controversial majority judgement of French CJ and Bell was discussed....
Fischer v Nemeske – Part One: French CJ and Bell J
Present Entitlement and Fischer V Nemeske - Part 1 This is part 1 of my three-part series commenting on present entitlement and Fischer V Nemeske. To understand the effect of a resolution to make a beneficiary presently entitled to a sum, with a clear...
Sub Trusts – Part 2
To view Failed Asset Protection article please click the "read more" button. Sub Trusts Part 2 1. I have had some interesting discussions regarding the article Why I Hate Your Sub-Trust, and wanted to set out and respond to some comments that have been made. In...
Failed Asset Protection
Notwithstanding that a promissory note is a relatively simple instrument, it may be drawn incorrectly. Examples of this are Re Permewan [26] and Turner v O’Bryan-Turner, [27] both of which involved a “gift and loan back” scheme. A further analysis of these cases is...
Newsletter
The Tax, Trusts and Technology Newsletter is a monthly publication with in-depth articles on novel subjects. It also highlights upcoming events and matters of interest. Subscribe if you would like to read fresh ideas and insights on Tax, Trusts and Technology.
Why I Hate Your Sub-Trust
There is a certain type of sub-trust over income that many trust deeds purport to create, and which the Federal Commissioner purports to allow. This is where a trust is established over the income distributed from another trust. This is problematic for the reasons...
Dangers Of Law Clerks With Checklists
Dangers Of Law Clerks With ChecklistsThe discussion surrounding the dangers of automation typically centre on novel and futuristic application of Artificial Intelligence. Even if we are not worried about Skynet terminating humans, we worry about application of data,...
TD 2019/14: External Trust Splitting Out, Internal Trust Splitting In
The ATO has stuck to their guns on the view that a Trust Split creates a new trust (and hence a CGT Event), however they have made it clear that a separation of powers within a trust (which I call an 'Internal Trust Split') will not trigger CGT. An Internal Trust...
SA State Budget – Attack on Land Holding Trusts Continues
In the 2019-20 SA State Budget, there has been a further attack on landholding trusts. With the highest rate of land tax in the country, property owners have been repeatedly stung with changes that tax them in a manner that they would not have expected when they...
Draft Taxation Ruling TD 2018/D3: Commissioner’s View
This is the last part of my three-part series commenting on Draft Taxation Ruling TD 2018/D3. In this article, I will focus on the CGT and TD 2018/D3. The previous parts of the series explained the differences between No New Trust View and New Trust View. WHY A NEW...
Draft Taxation Ruling TD 2018/D3: New Trust View
This is part 2 of my three-part series commenting on Draft Taxation Ruling TD 2018/D3. In this article, I will focus on the New Trust View and its consequence, and the last part of the series will be dedicated to discussing CGT and TD 2018/D3. The first part of the...
Draft Taxation Ruling TD 2018/D3: No New Trust View
This is part 1 of my three-part series commenting on Draft Taxation Ruling TD 2018/D3. In this article, I will focus on No New Trust View and will explain why, in my opinion, No New Trust View is an error. The second part will focus on the New Trust View and its...
ATO attacks Trust Splitting; Resettlement Back on the Table
The arrival of TD 2018/D3 on Trust Splitting disrupts the pleasant calm around trust variations since TD 2012/21 when the ATO seemed to throw its hands in the air post-Clark and say that almost anything done in accordance with powers under a trust deed is not a...
Land Tax and SA Trusts – Beware!
Land Tax aggregation has long been a source of pain for South Australian landowners, who face the highest rate of Land Tax in Australia. One trap has been RevenueSA's view on when two or more landholding trusts are sufficiently different to be disaggregated. The...
Contact us
0428 053 647
PO Box 6433, Halifax Street, SA 5000
Level 12, 431 King William Street, Adelaide SA 5000