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Trusts are back (or the new black)

  • The Geelong Library and Heritage Centre 51 Little Malop Street Geelong, VIC, 3220 Australia (map)

Tuesday, June 18
Registration from 5.15pm for a 5.30pm start
Canapes and drinks served 6.30pm – 7.30pm

 
With the recent Labor election loss, trusts are no longer in the “firing line” (or, at least, not as big a target as they could have been). It is therefore an opportune time to look at some live trust issues and strategies.

Sections 100A and 109T – the new weapons of choice or mere sabre rattling? - Neil Brydges, Principal Lawyer

Increasingly, in the context of audits of trusts in family groups, the Commissioner is raising the potential application of  sections 100A and 109T. This session will cover:

  • what the law is

  • when, and why, the Commissioner may look to those provisions

  • his somewhat controversial views in TD 2018/13 on section 109T

  • what the yet-to-be released guidance on section 100A may look like

The distribution/contribution strategy – Phil Broderick, Principal

The transfer of commercial property out of discretionary trusts and into super funds has been around for many years. In particular, by effecting such transfers in a manner that does not trigger duty. Restrictions in relation to the contribution rules have made this strategy more difficult over the years but it is still possible. In this session, Phil will examine:

  • transferring real estate out of various types of trusts

  • contributing real estate into super funds

  • duty exemptions and other issues

  • what to do if the contribution caps don’t allow the full value of the real estate to be contributed

 

 

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B31 SESSION - HARWOOD ANDREWS' SMALL BUSINESS LEGAL HEALTH CHECK