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

ration: Approximately 2.5 Hours

Hear from the experts at this online 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.

THE PROGRAM

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:

• The recharacterization 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 recharacterization
• 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: Family Trust Elections – Are you in the Family or Out?

Many practitioners and clients have a fundamental misunderstanding of the rules and procedures with respect to making a family trust election in a family trust. This session seeks to clarify the requirements and consequences of making a family trust election. The following areas will be discussed:

• Why make a family trust election?
• Practically applying the family control test
• Who is in my family group?
• Tips on selecting the right test individual
• The impact of death and divorce on the family group
• Structuring issues and family trust elections (e.g. impact on corporate beneficiaries)
• Do I need a family trust election or interposed entity election?
• Revoking family trust and interposed entity elections
• IEEs and companies owned by trusts: you can never sell the company
• Circular trust distributions and the impact of the amendments in Treasury Laws Amendment (2019 Tax Integrity and Other Measures No. 1) Act 2019

Session 3: All Good Things Must Come to an End: When Trusts Vest

There is still widespread confusion as to what happens when a trusts vests, contrary to popular opinion the trust is not necessarily wound up and the assets are not distributed to the remainder beneficiaries. This session seeks to examine the trust and tax law implications of a trust vesting. The following areas will be discussed:

• What do we mean by “vesting”?
• Why does it matter for tax purposes?
• What happens when a trust vests?
• Tax implications of a trust vesting in the light of TR 2018/6
• Can I extend the vesting date?
• Practical scenarios (e.g. what happens when the beneficiary of a testamentary trust reaches an age of majority as outlined in the will?)
• Practical case study – can you move your trust to South Australia?