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Recorded Webinars

Recorded Webinar: Section 100A and Testamentary Trusts: Are the Tax Benefits at Risk?

The ATO has made clear that section 100A of the ITAA 1936 is a key anti-avoidance provision, designed to ensure beneficiaries who are presently entitled to trust income actually receive its benefit. But how does this provision interact with testamentary trusts and the unique tax c
PRESENTED BY Daniel Taborsky Managing Director - Birchstone Legal Group , West Perth

Date/Time

About the Webinar

The ATO has made clear that section 100A of the ITAA 1936 is a key anti-avoidance provision, designed to ensure beneficiaries who are presently entitled to trust income actually receive its benefit. But how does this provision interact with testamentary trusts and the unique tax concessions they provide, especially for minors?

This session will examine the risks and practical considerations, including:

  • How section 100A applies to distributions to minors
  • Whether delays between the creation of an entitlement and its payment increase the risk of section 100A applying.
  • Distributing to children while paying funds to parents – what practitioners need to consider
  • Managing unpaid present entitlements (UPEs) when children turn 18, including:
    • whether a trustee’s stance that “18’s too young to be responsible for such a large sum” qualifies as an ordinary family or commercial dealing
    • whether UPEs can remain outstanding without interest arrangements
    • the effect of beneficiaries choosing not to call for their funds
  • Whether fixed-entitlement testamentary trusts carry less section 100A risk than discretionary testamentary trusts
  • The risks when distributions are made to beneficiaries with tax losses
  • The implications of section 100A for estate planning, particularly where existing inter vivos trusts are involved
  • Practical examples and strategies to manage risk in practice

Presented By

Daniel Taborsky
Managing Director, Birchstone Legal Group West Perth, WA

For Dan, there are no problems, only solutions. This unique way of thinking, combined with Dan’s obsession for mastering the tax law, allows him to find solutions where others can’t.

Dan has practised solely in tax for his entire career. His experience includes working as a senior tax lawyer in Perth and Sydney for EY Law and Greenwoods & Herbert Smith Freehills. Dan has also lectured for the University of Western Australia (UWA) in their Master of Taxation course. He regularly presents and writes on tax issues for leading professional bodies including The Tax Institute and the Law Society of WA.

Dan holds a Bachelor of Law (First Class Honours), a Master of Professional Accounting and a Master of Business (Finance and Economics). He is a Chartered Tax Advisor (CTA).

Who Should Attend?

This webinar is suitable for accountants advising in taxation matters – Australia wide. 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 hour. This webinar has been designed to run for 1 hour, however, webinar lengths can vary depending on the level of questions and discussion.

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, Jason Hooker on (03) 8601 7709 or email: [email protected]

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