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103378
Individual Podcasts

Preventing Future Challenges: Creating Bullet-proof Trustee Distribution Resolutions

A recent case of Owies has put into question whether the “discretionary” in a discretionary trust is a proper use of that term. This session reviews the impact this case may have on trustee distribution resolutions, including: What are the tax implications if a trust distributi
PRESENTED BY Andy Milidoni Partner - Johnson Winter & Slattery , Sydney

Date/Time

About the Podcast

A recent case of Owies has put into question whether the “discretionary” in a discretionary trust is a proper use of that term. This session reviews the impact this case may have on trustee distribution resolutions, including:

  • What are the tax implications if a trust distribution is deemed invalid?
  • To what extent does a trustee need to give “real and genuine consideration” to potential beneficiaries?
  • What records should be maintained to support a trustee’s decision to distribute income or capital?
  • How do you effectively change a trustee, appointor or guardian?
  • How might Owies case affect pre 30 June trustee distribution resolutions?
  • What lessons can trustees and advisors take from the case?
  • The tax consequences where flexibility is removed and a trust is:
    • unitised (PBR 1051872353826)
    • arranged to hold particular assets for particular beneficiaries (TD 2012/21, TD 2019/14)
  • Practical examples

Presented By

Andy Milidoni
Partner, Johnson Winter & Slattery Sydney, NSW

Andy specialises in all aspects of taxation and revenue law, trust law and some aspects of superannuation law.  He routinely advises on trust matters including those arising from estate planning, wealth and business structuring.

Andy has acted for clients in respect of private ruling applications and their tax disputes with both the ATO and the State Revenue Offices in respect of income tax, GST, stamp duty, payroll tax and land tax matters.

CPD Information

0.7 CPD hours

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact us, on (03) 8601 7700 or email: [email protected]

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