In modern trust structures and in the rapidly changing technological landscape, the ability of trustees to perform their fiduciary duties is being tested.

The lowering of the company tax rate to 27.5% for certain companies has implications not just for eligible companies, but also for trustees and beneficiaries of trusts.

The taxation of trusts and foreign benefi ciaries is complex. As the world globalises, what was an exception is now “the new black”. Reform is long overdue.

SMSFs (self managed superannuation funds) have been carrying on property development activities ever since SMSFs came into existence. Yet despite that there is still a common concern that such activities will cause the SMSF to become non-compliant, or subject to penalties, on the basis that such activities, and in particular undertaking a property development business, are prohibited.

This article discusses the nature of the trustee’s right of indemnity

One of the most significant consequences of the transfer balance cap is the effect it has on the payment of death benefits.

Will Monotti, Ed Skilton and Rob Jeremiah discuss as our population ages, wage growth stalls and younger people continue to struggle to enter into the property market.

The rules for the taxation of trusts are complex and in need of reform. A point that has been made many times since Hill J observed in Davis v FCT1 that “the scheme of Division 6 calls out for legislative clarification, especially since the insertion into the Act of provisions taxing capital gains as assessable income”.

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

The Commissioner issued TR 2017/D10 on 13 December 2017 with his “preliminary views” on amending a trust’s vesting date and the income tax consequences of a trust vesting.

The recent Federal Court case of Aussiegolfa Pty Ltd v FCT1 is an important decision for considering two aspects of the superannuation laws that are not often considered by the courts: the in-house asset rules and the sole purpose test.

Two-tiered company tax rates create compliance and practical issues for trusts that distribute to bucket companies — not just for companies.

The Commissioner issued TR 2017/D10 on 13 December 2017 with his “preliminary views” on amending a trust’s vesting date and the income tax consequences of a trust vesting.

Real property is a popular investment for SMSFs (self managed superannuation funds). However, there are a number of unique issues that come with SMSFs receiving, holding and disposing of real estate. In this paper I have examined a number of those issues in great detail.

On 19 February 2015, the ATO issued PS LA 2015/2. An early candidate in the ATO’s ongoing campaign to redesign (and rewrite) law administration practice statements (LAPS),1 PS LA 2015/2 seeks to explain

The decision of the Victorian Court of Appeal in Australasian Annuities Pty Ltd (in liq) v Rowley Super Fund Pty Ltd 1 (Rowley Super) concerns the ability of a liquidator to claw back contributions made to a superannuation fund where such contributions are made as a result of a director breaching his fiduciary duties to the corporate trustee of a discretionary trust.

Moving business real property out of trusts and into a self-managed superannuation fund (SMSF)1 can have significant tax advantages.

Self-managed superannuation funds1 (SMSFs) have been carrying on property development activities ever since they came into existence. Such activities are either done directly by the SMSF or more commonly through a structure (typically, a trust). Yet, despite this, there is still a common concern that such activities will cause the SMSF to become non-complying, or subject to penalties, on the basis that such activities, and in particular undertaking a property development business, are prohibited

This article discusses some of the taxation and trusts issues encountered when structuring family law settlements. Managing these issues appropriately through careful planning and the preparation of appropriate documentation can ensure the best financial and taxation outcome for clients

This article discusses the complexity associated with a trust satisfying the maximum net asset value test for the purposes of accessing the capital gains tax (CGT) small business concessions where it is unclear whether an unpaid present entitlement (UPE) would be classified as a liability relating to the CGT assets of the trust.