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 Managing the Taxing Issue of Trusts: Challenges in Practice – a live lunchtime online conference

Online Conferences,Taxation,Managing the Taxing Issue of Trusts: Challenges in Practice – a live lunchtime online conference
Thursday 13th October 2022
Vic, NSW, ACT, Tas: 12 noon to 2.45pm
QLD: 11am to 1.45pm
SA/NT: 11.30am to 2.15pm
WA: 9.00am to 11.45am
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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: Trust Distributions: Timing and Content

The importance of correctly documenting a trust’s distribution of income and/or capital cannot be overstated. Getting it wrong can trigger tax to the trustee at the top marginal rate, with no entitlement to the CGT 50% discount concessions. This session looks at the timing requirements and issues to consider when making a trustee distribution resolution to assist in ensuring the desired tax outcomes are achieved, including:

  • Tax effective timing deadlines
  • Trust deed definitions of trust income
  • Family trust elections, interposed entity elections and family group considerations
  • Tax effective streaming of franked dividends and capital gains
  • Distributions that include the small business CGT concessions, including:
  • monitoring the significant individual test and small business participation percentage
  • treatment of the non assessable portion of a capital gain to achieve the desired tax outcome
  • Trust loss rules and the pattern of distribution test
  • Why trustee resolutions can fail (Lewski v Commissioner of Taxation [2017] FCAFC 145 & TD 2012/22 (update in progress))
  • Practical examples

Session 2: Trusts and the Small Business CGT Concessions: Not as Clear Cut as you Think

The small business CGT concessions are complex, in no small part due to the way the rules apply to trusts. This session drills down on the concessions as they specifically apply to trusts, including:

  • How the CGT concessions apply to discretionary trusts
  • How the control test applies to:
  • discretionary trusts
  • unit trusts
  • Unit trust selling business or premises where the unitholders are two family trusts – how are the concessions applied?
  • What is the significant individual test?
  • How the active asset 50% reduction can trigger CGT event E4 in a unit trust and strategies to deal with the issue
  • What extra conditions need to be satisfied if the CGT asset is an interest in a trust?
  • Case studies:
  • Comparison of selling the CGT asset in a trust or selling the units
  • Comparison of selling a CGT asset in a discretionary trust or a unit trust

Session 3: You Can Go Your Own Way: Trust Splitting

With an increasing amount of trusts being involved in the intergenerational transfer of wealth, strategies are required to unbundle that wealth to transfer control over to the next generation, This session delves into the tax implications that can arise from implementing trust splitting as one such strategy, including:

  • What is trust splitting?
  • Is a trust split a resettlement?
  • Are there any CGT implications when entering into a trust split?
  • How is a loss from assets controlled by one trustee treated if the assets controlled by the other trustee derives a surplus?
  • Is a separate income tax return required for the income derived from each set of assets split from the original trust?
  • What if the original trust has borrowings?
  • Will family trust and interposed entity elections be affected by a trust split?
  • Case studies

Paul Sokolowski, Partner, Arnold Bloch Leibler, Melbourne, Vic (Chair)

Matthew Burgess, Director, View Legal

Jodie Robinson, Special Counsel, McCullough Robertson Lawyers, Brisbane, Qld

Andy Milidoni, Partner, Johnson Winter & Slattery, 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.  Accountants can claim up to 2.5 CPD/training hours.


If you register and pay by 16 September 2022 you will pay only $495 – a saving of $55 off the full price conference registration fee of $550.

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: hayley@tved.net.au

© Television Education Network Pty Ltd 2022

Product Code: OTXOCT22
 Price:   $550.00 (Inclusive of GST)