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Recorded Webinars

Recorded Webinar: Trust Splitting is Not Necessarily Dead: Long Live Trust Splitting!

Dealing with trusts in the estate plan can create challenges, with a willmaker often surprised to find it is not simply a matter of picking and choosing assets within a trust to leave behind to loved ones. This session explores whether the “picking and choosing” option may not nec

Date/Time

About the Webinar

Dealing with trusts in the estate plan can create challenges, with a willmaker often surprised to find it is not simply a matter of picking and choosing assets within a trust to leave behind to loved ones. This session explores whether the “picking and choosing” option may not necessarily be ruled out altogether, albeit in a modified way of control as distinct from direct ownership, including:

  • How the process of trust splitting works
  • Why would you consider undertaking a trust split?
  • What are the situations that may be conducive to a trust split?
  • When a trust split may trigger unintended tax consequences
  • Does appointing separate trustees and appointors over different pieces of trust property trigger tax consequences that can apply to resettlements?
  • Unpacking the two examples in TD 2019/14 to uncover why one is tax friendly and the other isn’t
  • Using recent PBRs that involve shareholder deeds and trust deed amendments, as case studies of ATO’s current interpretation approach
  • Are there other estate planning alternatives to share the spoils of a trust? Case studies exploring the potential use of:
    • CGT rollovers or small business CGT concessions
    • asset revaluation reserve (Fischer & Ors v Nemeske Pty Ltd & Ors [2016] HCA 11)

Presented By

Michael Butler
Tax and Revenue Partner, Finlaysons Adelaide, SA

Michael Butler is a Tax & Revenue Partner at Finlaysons Lawyers in Adelaide.

Michael has spent over 35 years working solely in taxation law – he is a true specialist in his field.  His deep experience in tax law means he can provide advice that considers each client’s unique situation and suggest tax-effective options and solutions to help clients achieve their commercial goals. 

Michael’s expertise at state, federal and international levels includes income tax, capital gains tax, GST, Wine Equalization Tax (WET), fuel tax credits and carbon tax, as well as stamp duty, payroll tax and land tax.  Michael also has extensive experience advising on international taxation matters, including Australian taxpayers investing and carrying on business offshore.

Michael's expertise is acknowledged in Best Lawyers Australia 2022 for Tax Law, Superannuation Law, Trusts & Estates, and Wealth Management/Succession Planning Practices; including as 2022 Lawyer of the Year in Trusts & Estates.

Michael has been also listed in Doyle’s Guide as a Pre-eminent SA Tax Lawyer, with Finlaysons listed as a First Tier SA Tax Law Firm.

Who Should Attend?

This webinar is suitable for lawyers and accountants throughout Australia who advise in estate planning matters. This webinar is for practitioners with some knowledge in this area and looking to improve their knowledge.

CPD Information

Accountants can claim up to 1 CPD/Training hour. Lawyers can claim up to 1 CPD unit/point – substantive law. This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.

WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.

While TEN takes all reasonable care to include accurate and up-to-date information regarding CPD category classifications and compliance obligations, information regarding CPD point allocation are provided as a guide only. Allocation of CPD points is subject to the CPD requirements of your jurisdiction, personal circumstances and professional requirements. You are solely responsible for determining whether a particular product is appropriate for your CPD requirements.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

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