Petra Jooss: A Double 50-Year Milestone, and a Lifetime with TEN
When Trust Issues Trigger Tax Issues: Hidden Tax Risks in Disputes & Variations
There is no shortage these days of cases dealing with trust related issues. Whilst the issues themselves may not be directly tax related, the consequences of the outcomes will often bare a tax consequence. This session explores what those consequences can be in various situations, including:
- Are there any tax consequences:
- if a court determines that a trust distribution is voidable? (Owies v JJE Nominees Pty Ltd [2022] VSCA 142)
- if applying to the court to vary the terms of a trust (TD 2012/21)
- Can removing or adding beneficiaries have tax consequences for the trust?
- Can changing a trust’s vesting date trigger tax issues?
- Does a change of any of the official roles of responsibility for a trust have tax implications?
- Situations triggering the section 99A ITAA 1936 tax rate, with the loss of the 50% CGT discount, to income previously distributed to beneficiaries
- Replacement of trustee deemed ineffective – could adverse tax consequences apply for the distributions whilst replacement trustee acted?
- Do recent changes by trustees to exclude foreign beneficiaries for surcharge duty and land tax purposes have income tax consequences?
- Tax consequences when a beneficiary disclaims their entitlement (FCT v Carter [2022] HCA 10)