Trusts Essentials
Issues covered include: trusts, CGT concession, ATO rulings, discretionary trusts, vesting, winding up a trust
Description
A client will expect much when they turn to you for advice on trusts. Are you caught up on game changing CGT concession changes and the ATO’s latest rulings? Do you have the cutting edge strategies necessary to flawlessly handle complex issues related to discretionary trusts, vesting, winding up a trust and more? Gain an edge on your competitors with practical, real world guidance into each of these critical areas.
Attend and earn 7 CPD Points/Hours
This conference was recorded in NSW on 18 February 2019
Chair: John Stinson, Partner, Diamond Conway Lawyers; Accredited Specialist in Business Law and Wills & Estates Law; Member of STEP
9.00am to 9.45am: OPENING ADDRESS: The Latest ATO Rulings and Developments in Trusts and the Impact on Your Clients
Presented by Julie Van der Velde TEP, CTA, Principal, VdV Legal; Co-Chair of STEP SA; 2017 Chartered SME Tax Adviser of the Year; Recommended Wills, Estates and Succession Planning Lawyer, Doyle’s Guide 2018
PERFECTING TRUST STRUCTURES AND ASSET PROTECTION
9.45am to 10.35am: Choosing the Right Trust Structure: Business vs Investment
The rules surrounding trusts can be extraordinarily complex which in turn can make it difficult when advising clients on how to best structure their affairs. This session will focus on trusts as business and investment structures and explore:
- The various trust structures that exist and related strategies
- Choosing the right trust structure for your clients based on their needs
- Can your client use a trust for more than one purpose?
- Why corporate trustees are more commonly used and the potential issues you need to keep in mind
- IMPORTANT issues you need to know about trust deeds and why a standard deed is not recommended
- Always planning ahead
Presented by Andrew Aitken, Partner, Aitken Lawyers
10.35am to 11.20am: Using Trusts for Asset Protection: The Strategies Your Clients Need and Expect
- Avoiding duty and land tax traps
- Dealing with problems of common appointor rules
- Traps with common constitutions you may encounter
- Corporations law intervention
- Understanding tax residence and streaming
- Managing control
- Splitting and cloning
Presented by James Meli, Practice Leader, Legal Vision
11.20am to 11.35am Morning Tea
11.35am to 12.25pm: Significant Changes to Small Business CGT Concessions: Application of Integrity Measures and What it Means for You
The CGT small business concessions are an important tool for tax practitioners. However accessing the small business CGT concessions and understanding these complex rules remains a challenge. Examine and discuss the key areas where uncertainties arise for taxpayers. It also discusses the recent amendments to the CGT small business concessions that apply from 1 July 2017.
- Analysis of the key fundamentals of the small business CGT concessions
- Liabilities and when a liability relates to the CGT asset
- Dividend access shares
- How the small business concessions interact with the earnout provisions
- The amendments to the small business CGT concessions
Presented by Tony Nunes, Senior Client Director – Tax Consulting, CTA and Jane Harris, Senior Tax Consultant, FTI, Kelly + Partners Chartered Accountants
12.25pm to 1.15pm: Should a Trust Own the Family Home? What to Advise Your Clients
- How to access the CGT main residence exemption
- Necessary legal, tax and practical requirements
- Duty and land tax implications and exemptions
- Differences between the Australian jurisdictions
Presented by Clifford Hughes, Principal, Clifford Hughes & Associates; Accredited Specialist in Tax Law and Business Law; CTA
1.15pm to 2.00pm Networking Lunch
PRACTICAL TRUST STRATEGIES
2.00pm to 2.45pm: When the Fighting Starts: How Does the Family Court Treat Discretionary Trusts?
- When are the assets of a discretionary trust vulnerable to a property settlement claim under the Family Law Act?
- How to limit the inclusion of assets of a discretionary trust in a family law property settlement
- Latest cases as to the treatment of discretionary trusts by the Family Court
Presented by Sheridan Emerson, Partner, Pearson Emerson Meyer; Accredited Specialist in Family Law; Leading Family & Divorce Lawyer, Doyle’s Guide 2018 and Louise Carter, Senior Associate, Pearson Emerson Meyer
2.45pm to 3.30pm: Practical Trust Distribution Strategies and What the ATO is Cracking Down on
- Evidencing trust distributions prior to 30 June
- Review of the trust deed
- Section 100A reimbursement agreements
- Specific entitlement
- Management of UPEs
Presented by Tristan Whitefield, Director, PwC
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm: Trust Loss Provisions and Family Trust Elections: The Consequences for You and Your Clients
- Losses and franking credits: the need for an FTE
- What are the implications of making a family trust election?
- FTEs and non-resident trusts: Is there a need? What are the practical implications?
- Complexities that arise with FTEs and IEEs in larger family groups with trusts
- Discretionary trusts vs ‘fixed’ trusts: What is the relevance of the distinction?
- Passing on the family baton: Can you revoke or alter an FTE or an IEE?
Presented by Vanessa Priest, Tax Partner, Baskin Clarke Priest
4.30pm to 5.15pm: A Detailed Guide to Trust Vesting and Winding up: Problems, Risks and Solutions
- Legal requirements and risks
- Common complications with assets and liabilities
- Tax implications to UPEs, loans, Division 7A, commercial debt forgiveness, returns of capital and cancellations of units
- Duty on in specie distributions
- The trustee’s indemnity
Presented by Jennifer Yeo, Founder and Director, Evora Legal; CTA
5.15pm Closing Comments by the Chair