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101689
Individual Podcasts

Testamentary Trusts: Don’t Let Paying the Minimum Rate of Tax Turn into the Highest

A relatively recent tax law change is to only allow concessional tax treatment on the income distributed to minors from TTs if the income is derived from assets related to the property of the deceased. This change is providing some challenging scenarios for accountants, with this

Date/Time

About the Podcast

A relatively recent tax law change is to only allow concessional tax treatment on the income distributed to minors from TTs if the income is derived from assets related to the property of the deceased. This change is providing some challenging scenarios for accountants, with this session exploring the issues, including:

  • What is “excepted” income in a TT?
  • When will income in a TT not attract concessional tax rates?
  • How to calculate excepted income when a TT includes assets unrelated to the deceased?
  • How are dividend reinvestment plans treated?
  • Does a TT borrowing funds to invest affect the taxing of income on the assets acquired with the borrowed funds?
  • How assets in a TT that are unrelated to the deceased estate can cause compounding issues requiring ongoing tracing requirements
  • What are the differing tax rates and eligible tax offsets that can apply on TT distributions to children under 18?
  • Practical examples and tips for managing post death asset

Presented By

Brian Hor
Wills & Estate Planning Lawyer, Sydney, NSW

Brian Hor is an Expert Wills & Estate Planning Lawyer. He specialises in taxation law, trusts, superannuation and estate planning. Brian's extensive experience of more than 35 years includes nine years (and counting) as Special Counsel (Superannuation & Estate Planning) with Townsends Lawyers, three years as a Partner with PwC and establishing their estate planning practice nationally, and being Principal of specialist firm WillWorks Pty Ltd. Brian has also served on ATO and FPA technical committees, and was Chairman of the FPA Tax Subcommittee and Member of the FPA Public Policy Committee for 7 years.

Brian has authored numerous taxation and estate planning articles and contributed extensively to CCH, LexisNexis and other online professional publications. Brian has also presented at numerous professional seminars and webinars including for The Taxation Institute, the FPA, Television Education Network, LexisNexis, NSW State Legal Conferences, and The College of Law. Brian has also been interviewed by the Sydney Morning Herald, the Australian Financial Review, and has appeared several times on live TV as an expert guest on Sky News Business and on the Studio 10 morning talk show.

CPD Information

0.6 CPD hours

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