Trusts Taxation: Challenges Facing Advisors Involving Trusts – a Live Online Conference
Wednesday 21st February  2018 – LIVE online

Vic, NSW, ACT, Tas – 9am to 12.30pm 
SA 8.30am to 12noon
WA 6am to 9.30am
NT 7.30am to 11am
Qld 8.30am to 11.30am

-297 DAYS
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Our annual 2-day companies and trusts taxation conferences are among the most highly regarded professional development events we run, but we realise that not everyone can spare two days out of the office.  So we’re offering you a new way to access the experts online – a half-day online conference, focused on challenges facing advisors when taxing trusts:

  • Taxation of Testamentary Trusts
  • Streaming Income Through Trusts after Thomas’s Case
  • Opportunities for Trust Restructures

You can put your staff in the boardroom and watch it there.  You can watch it on your computer or on your portable electronic device - all for the one low price.

The conference will be based on our highly successful video webinar technology: there’ll be a chairman, a panel of experts, presentations and discussion – and you’ll have an opportunity to ask questions.

Taxation of Testamentary Trusts

Setting up a testamentary discretionary trust is often complex and ensuring you are aware of the numerous tax implications is critical. This session looks at tax implications of setting up a testamentary discretionary trust and covers:

  • Testamentary discretionary trusts – how they differ from the normal family trust
  • Beneficiary v trustee – how to ensure the beneficiary pays tax and special tax rates for categories of beneficiaries
  • Capital gains and franked dividends of beneficiaries
  • Double taxation and Division 6
  • Present entitlement and deceased estates
  • CGT status of assets
  • Buying and selling assets in the trust – CGT consequences
  • Anti-avoidance – injecting income and capital from outside sources
  • Distributing capital and assets from testamentary trusts – CGT consequences
  • Case studies

Streaming Income Through Trusts After Thomas’s Case

Streaming rules are important for tax planning but the rules are complex. There have been developments in the ATO’s approach to trusts and streaming that impact trust administration and practice. But the really big news is the Full Federal Court decision of Thomas – the first judicial commentary on the streaming provisions.  This session gives a practical focus to the main issues following Thomas:

  • Thomas’s case explained
  • What the Court said about the streaming provisions
  • Effective streaming of capital gains and franked distributions
  • What if the trust deed says nothing about streaming?  What should the deed say about streaming?
  • Definition of income in the deed – what should it say?
  • If trustee makes a discount capital gain can the trustee stream exempt and taxable component?
  • Discount and non-discount capital gains - can the latter be streamed to a corporate beneficiary?
  • Can you stream unrealised capital gains – Fisher v Nemeske?
  • Ensuring expenses offset against streamed amount

Opportunities for Trust Restructures

It always pays to check the effectiveness of a client’s trust structure. The client’s objectives may also cause you to consider changes. However, understanding the tax implications of restructure is vital. This session looks at the issues including:

  • CGT rollover relief pursuant to subdivision 122A ITAA 97
  • Selling assets and applying Division 115 ITAA 1997
  • New small business rollover relief - subdivision 328-G ITAA 1997
  • The importance of ‘genuine restructure’ – what are the tax risks if not?
  • Taking away indemnities without it being a resettlement
  • Trust splitting that effectively minimise tax, without causing resettlement
  • Family trust restructures - generation skipping trusts and straight to grandkids

Kevin Munro, Principal, Munro Lawyers, Sydney (Chair)

Dung Lam, Senior Associate, Argyle Lawyers, Sydney

Andy Milidoni, Special Counsel, Johnson Winter & Slattery, Sydney

Linda Tapiolas, Partner, Cooper Grace Ward Lawyers, Brisbane


Registered delegates will receive a CPD certificate for attendance at this online conference.  All participants can claim up to 3 CPD hours/units/points.

If you need assistance or have an enquiry, please do not hesitate to contact our Event Coordinator, Lisa Tran on (03) 8601 7709 or email:
Product Code: OTTFEB18
 Price:   $550.00 (Inclusive of GST)
© 2018 Television Education Network Pty Ltd. All rights reserved. The program for this conference is copyright and may not be reproduced in any form without the prior written consent of the copyright owner.