There has been a lot of activity recently in the tax arena on the interaction of trusts, section 100A and Part IVA, which involve various ATO guidance material and case decisions. How does this activity flow through to the administering of testamentary trusts?

These ae the questions that will be answered in the session by Dung Lam, Principal, West Garbutt at the upcoming Tax Aspects of Death and Estate Planning Conference in Melbourne.

Throughout her session she will tackle questions including:

• Are TTs differentiated from other trusts when applying section 100A?

• Unpaid present entitlements from a TT:

     — Is there a section 100A risk for distributions to minors?

     — Is there a tax risk for UPEs that have accumulated up to the beneficiary turning 18?

• The tax impact of injecting assets or loaning funds to a TT

• Can a TT be set up with proceeds from a deceased estate if:

     — there is no instruction to do so in the will?

     — the deceased dies without a will?

• How are super death benefits taxed when channelled into a TT with a broad class of beneficiaries, some being dependants?

• Can a non dependant beneficiary tax effectively transfer a super death benefit to a super proceeds trust?

She will then tie all together with a case study the further assist to answer these questions.

To learn more about this topic and the upcoming conference download the brochure.

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About the Speaker:

Dung is a qualified lawyer based in Sydney. Dung has two decades of experience in advising on a wide variety of taxes including income tax, capital gains tax, GST and NSW state taxes such as duty, payroll tax and land tax. Dung also has extensive experience advising on the taxation of trusts, superannuation issues in the self-managed superannuation funds arena and tax issues related to estate planning.

Dung provides clients with tax legal services and solutions.  She works with clients and their advisers to devise tax effective strategies to undertake acquisitions and disposals of assets and businesses, business restructures, domestic and international business expansions, and business and personal succession planning. Dung also acts for clients in negotiations and disputes with Australian revenue authorities. She has managed ruling applications, tax risk reviews, tax audits, tax objections, voluntary disclosures, tax litigation and tax debt negotiations.

Clients whom Dung has assisted include corporates, high wealth individuals and families, and their advisers.

Dung regularly presents on tax and superannuation matters to accounting and tax discussion groups and recognised bodies such as The Education Network.