The Taxation of Trusts – a recorded half-day online conference

Recorded Online Conference,Taxation,The Taxation of Trusts – a recorded half-day online conference
Wednesday 2nd September, 2020
Duration: 2.5 Hours
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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 and presentations.

One registration can be shared by colleagues within the same firm utilising the same login.


Session 1: Trust Distributions Revisited: Recharacterisation of Trust Income and Other Issues

Despite the High Court clarifying its position in FCT v Bamford and the Government introducing legislation to specifically allow the streaming of franked dividends and capital gains to particular beneficiaries, there is still widespread confusion amongst trustees, practitioners and clients as to what can or cannot be done when making distributions to beneficiaries. This session seeks to dispel the confusion and focuses on the following areas:Motivations for restructure - What are you protecting yourself from?

  • The recharacterisation of trust income for tax purposes – the limits of the trustees powers
  • The ATO view vs the profession and the courts
  • Limits on recharacterisation of trust income – TA2016/12
  • Practical tips for drafting distribution minutes in the light of the ATO view
  • The importance of the trust deed in recharacterisation
  • Strategies to stream income other than franked dividends and capital gains
  • The limits of a trustee’s discretion - Trani v Trani, Re Marsella  - do these cases have implications for trust taxation?

Session 2: Trust Resettlements, Clark’s Case and the Commissioner’s New Stance

Practitioners are continually faced with the dilemma of whether an amendment to the trust deed constitutes a resettlement of a trust. Even though the Commissioner made his views clear in TD 2012/21, confusion and uncertainty still abounds in the taxpayer community. This session seeks to clarify the misunderstanding and discusses the following areas:

  • What is a resettlement?
  • What are the income tax and CGT consequences?
  • Review of TD 2012/21 and FCT v Clark [2011] FCAFC 5
  • Can I amend the trust deed without resettling?
  • Practical scenarios (e.g. what happens if the deed is lost and a replacement deed is obtained, is that a trigger for a resettlement?)
  • What sort of amendments will trigger a resettlement? (e.g. amendments to irrevocably remove a beneficiary)
  • Are deeds of disclaimer an alternative to amending the deed to remove a beneficiary? - The Trustee for the Whitby Trust and Commissioner of Taxation

Session 3: Section 100A and Distributions to Adult Children: Avoiding the Sting in the Tail

Trustees often seek to optimise tax outcomes by ensuring distributions are tax effective. However, there can be significant and unwanted tax consequences if section 100A is triggered. This session examines the practical application of section 100A of the ITAA 1936 and how advisers can reduce the risks, including:

  • What is a reimbursement agreement?
  • What is an “ordinary family or commercial dealing”?
  • Implications for discretionary trusts which “distribute” to adult children beneficiaries
  • Implications for UPEs
  • ATO scrutiny – what is the Commissioner’s latest position?


Adrian Robertson, Television Education Network, Melbourne (Chair)

Damian O’Connor, Principal & Chartered Tax Advisor, Tax + Law, Brisbane

Dung Lam, Tax Team Leader, Accredited Specialist Business & Personal Taxation, Coleman Greig Lawyers, Sydney

Fletch Heinemann, Partner, Cooper Grace Ward Lawyers, Brisbane

  • 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.

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:

© Television Education Network Pty Ltd 2020

Product Code: KTXSEP20
 Price:  $550.00 (Inclusive of GST)