|Tuesday 19th July 2022
Vic, NSW, ACT, Qld, Tas: 12 noon to 2.45pm
SA/NT: 11.30am to 2.15pm
WA: 10am to 12.45pm
UNTIL THE EVENT
Hear from the experts at this online lunchtime conference. You can watch it on your computer or on your portable electronic device from anywhere.
The conference will be based on our highly successful video webinar technology: there'll be a chairperson, presentations and you'll have an opportunity to ask questions via online chat.
One registration can be shared by colleagues within the same firm utilising the same login.
Session 1: Time for a Tidy Up? Resolving Estate Planning Issues relating to UPEs and Division 7A
Unpaid present entitlements can have unintended consequences for an estate plan, leaving the Legal Personal Representative with more on their plate than first thought. This session explores some of the issues, including:
- A review of the assets that actually form part of an individual’s estate and where the trust fits in
- Has the UPE been dealt with under the requirements of TR 2010/3 and PSLA 2010/4?
- Options and strategies for unwinding UPEs and division 7A loans, including:
- What are the consequences of doing nothing?
- Practical examples and worked examples
Session 2: Life and Remainder Interests in Property and the CGT Taxing Points
An estate plan may involve making sure a loved one has a roof over their head or sufficient income to see out the remainder of their days, before remainder beneficiaries share in the estate. Such arrangements can result in some complex CGT issues. This session aims to make you aware of the issues by a review of TR 2006/14, including:
- The difference between equitable interests in property and legal interests
- What are the CGT consequences of granting a lifetime right to reside in property?
- What if a deed of arrangement is entered into to vary the terms of the will?
- The CGT consequences when a life interest owner dies
- The CGT consequences if the life interest and remainder owners want the arrangement to end early
- The effect on the CGT main residence exemption
- The impact of the new ‘granny flats’ CGT exemption
Session 3: The Interplay of Residency in Estate Planning: The Individual, the Trust and the Jurisdiction
There is a lot to consider when estate planning involves cross border situations and the tax laws don’t make the task any easier. With the ATO’s increased scrutiny of the flow of funds between countries, it is important practitioners are on top of these rules. This session aims to improve your understanding of the issues, including:
- The individual and determining residency status when:
- Entering Australia (TR 98/17;IT 2681)
- Leaving Australia and working in other countries (IT 2650; Harding v Commissioner of Taxation  FCAFC 29)
- The recent budget proposed residency rule changes (subject to legislation)
- The definition of a resident trust estate
- The definition of a non-resident trust estate
- The recent budget proposed residency rule changes for trusts (to be legislated)
- The relevant jurisdiction and the workings of double tax agreements
- The CGT implications for an asset that falls under the category “taxable Australian property” (TD 2017/23)
- Implications of section 99B applying including TD 2017/24
- The transferor trust rules
- Worked examples incorporating a combination of the relevant parties having a residency status in Australia and:
Peter Kramer, Partner, Bartier Perry, Sydney, NSW (Chair)
Paige Edwards, Senior Associate, McCullough Robertson, Brisbane, Qld
Darius Hii, Director, Chat Legal, Brisbane, Qld
Paula Tallon, Tax Director, Prosperity Advisers Group, Sydney, NSW
- It was just like being at a well run conference but in many ways better.
- This option is of great assistance to country practitioners.
- The live online conference format worked well and made the speakers more engaging than a recording.
- Our team used the boardroom. We could talk and discuss the presentation without feeling we were imposing on others and you could submit a question, which we did. All from the comfort of our own office.
- The conference was well organised and the email links very useful.
Delegates registered to attend the LIVE event will receive a CPD certificate for attendance. Lawyers can claim up to 2.5 CPD units/points (substantive law). Accountants can claim up to 2.5 CPD/training hours.
|If you need assistance or have an enquiry, please do not hesitate to contact our Event Coordinator, Hayley Williams–Cameron on (03) 8601 7730 or email: email@example.com