In this two-part article, we explore two recent cases that provide guidance on when a declaration of trust will be a dutiable transaction.

A recent Full Federal Court decision reflects the diversity of issues which can arise in the complex world of discretionary trusts.

Legislation passed on 17 June 2020 has amended the ITAA36 to change the taxation treatment of distributions of income from testamentary trusts to minors.

This article discusses the challenges of rectifying mistakes in trust deeds by way of a deed of rectification, particularly in the context of tax disputes involving revenue authorities.

The trustee of a discretionary trust may benefit those who fall under the definition of “beneficiaries” in the trust’s deed. Sometimes, the scope of that definition is unclear.

Self-managed superannuation funds and bare trusts — investment in the underlying asset or in-house asset issue?

This article looks at what determines the tax residence of a trust and what the consequences can be from a change of tax residence.

Where the trustee is unable or unwilling to vary the identity and/or powers of the appointor, the court may intervene.

Life interest trusts are a popular strategy for blended families in estate planning, but it is important to remember that there’s no one-size-fits-all.

The Victorian Court of Appeal’s decision in MD Commercial Pty Ltd v Commissioner of State Revenue [2019] VSCA 295 was a culmination of the battle between the Victorian Commissioner of State Revenue and the taxpayers’ statutory interpretation of a duty exemption contained in s 35 of the Duties Act 2000 (Vic) (Act) and whether the trustee had to be in a “bare trustee” relationship with no active powers being held by the trustee.

When varying a trust deed, careful regard must be directed to the provisions of the deed as a whole, and the potential tax issues which can arise.

Beneficiaries of a unit trust may only claim franking credits if they are a “qualified person” in relation to the franked dividend. In order to be a qualified person the taxpayer must satisfy both the related payments rule and the holding period rule.

The rules for testing whether a trust can utilise a prior year tax loss are complex.

This article provides tips and traps around accessing land transfer duty exemptions for the transfer of Victorian real estate from a trust to a beneficiary.

Funding buy-sell agreements via insurance policies is a favoured option. Advisers should consider the merits of holding these policies via trust structures.

Careful consideration of the identity of the appointor of a trust, and the scope of their powers, is essential in succession planning.

Regulation 13.22C unit trusts are an important structuring option for self-managed superannuation fund investments. However, is the administrative burden worth it?

While consistent with recent ATO views, TD 2019/D6 and TD 2019/D7 provide minimal clarification on the taxation of Australian discretionary trusts distributing capital gains to foreign beneficiaries.

This article looks at what determines the tax residence of a trust and what the consequences can be from a change of tax residence.

In this article Phil Broderick and Milton Louca review whether the presumption of regularity can “cure” defects in a trust’s chain of documents.