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